Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27821
THIRD DIVISION Docket No. MW-26938
89-3-85-3-715
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Detroit, Toledo S Ironton Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when, on June 20, 21, 25, 26, 27, 28,
July 2, 3 and 5, 1984, the Carrier used Inspector of Machinery J. Rosser to
perform repair work on Tamper 6500 (Carrier's File 8365-1-181).
(2) Furloughed Mechanic Truck Driver J. E. Wallace shall be allowed
seventy-two (72) hours of pay at the mechanic truck driver's straight time
rate and eighteen (18) hours of pay at the mechanic truck driver's time and
one-half rate because of the violation referred to in Part (1) hereof."
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.
The Organization contends that the Inspector of Machinery performed
repair work on Tamper 6500 from June 20 to July 5, 1984. It argues that Claimant, a laid-off Mechani
the repair work on the Tamper.
Carrier argues that Claimant was not a qualified repair person and
that the Inspector of Machinery did not repair the machine, as the Organization contends.
This Board has reviewed the record and the numerous decisions submitted by the parties. That rev
Organization has not presented a clear and persuasive Claim. Based on the
vagueness of the Claim and irreconcilable facts in the record, the Board has
no recourse but to dismiss the Claim.
Form 1 Award No. 27821
Page 2 Docket No. MW-26938
89-3-85-3-715
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.