Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27773
THIRD DIVISION Docket No. MW-27102
89-3-86-3-158
The Third Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
(Amtrak) - Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it required B&B Foreman
Emge and Carpenters Bell, Brown, Kramer, Stewart, Wilson, Myers, Howe and
Cefeloni, assigned to Gang C-142, to suspend work for four (4) hours on September 28, 1984 and Octob
(2) Because of the aforesaid violation, each claimant listed in Part
(1) hereof shall each be allowed an additional eight (8) hours of pay at their
respective straight time rates."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This is a contract interpretation case disputing the proper meaning
and application of Rule 52 which reads in pertinent part that:
"(a) When the foreman and supervisor in charge
determine that weather conditions prevent work
being performed, employees in gangs of ten (10)
or more reporting at their regular starting time
and place for the day's work will be allowed a
minimum of four (4) hours
...."
There is no dispute that on September 28 and October 1, 1984, Gang
C-142 had an authorized force of ten (10) men and that due to weather conditions, Rule 52 was invoke
the gang reported to work.
Form 1 Award No. 27773
Page 2 Docket No. MW-27102
89-3-86-3-158
The Organization argues that the proper interpretation of Rule 52
requires the counting of effective strength. On September 28, 1984, the
effective strength of the gang was nine (9), while it was only eight (8) on.
October 1, 1984. As such, since the gangs were not of ten (10) or more men
they were entitled to a full day's pay, rather than the minimum four (4) hours
received.
The Carrier denies any Agreement violation arguing that the intent of
the Rule is not effective strength, but authorized strength. It notes that
the gang had an authorized strength of ten (10) employees and that all positions were filled on the
This Board's review of the entire record finds it to support the Carrier's position. We also fin
under almost identical conditions between the same parties. In Third Division
Award 26778, this Board stated:
"Thus, Rule 52 permits payment of less than eight
hours for shortened work days due to weather related conditions for gangs of ten or more. Under
the circumstances of this case, we do not agree
with the Organization that Rule 52 is inapplicable
because the actual number of employees reporting
for work on the days in issue was less than ten per
gang. It is undisputed that the gangs were authorized at levels in excess of ten employees per gang.
A fair reading of Rule 52 is consistent with the
Carrier's position that the overall makeup of the
gang dictates application of the Rule."
On a careful review of the record and based upon the reasoning and
conclusion of Third Division Award 26778, this Board denies the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. r -,Executive Secretary
Dated at Chicago, Illinois, this 2nd day of March 1989.