Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27822
THIRD DIVISION Docket No. MW-27289
89-3-86-3-388
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 Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the. Brotherhood that:
(1) The Carrier violated the Agreement when, on January 11 and 12,
1984, it assigned Mechanical Department employes, instead of Bridge and
Building Department Group 2 employes, to prepare the floor in the 'High Bay'
area for painting (System File 30-AS-846/11-1940-120-90).
(2) As a consequence of the aforesaid violation, B&B Painters C. R.
Wilson and C. E. York shall each be allowed one hundred twelve (112) 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.
As Third Parties in Interest, the International Association of Machinists and Aerospace Workers, the
Workers, and the International Brotherhood of Firemen and Oilers were advised
of the pendency of this dispute, and filed a response with the Division. The
International Brotherhood of Boilermakers and Blacksmiths and the Sheet Metal
Workers Association were advised of the pendency of this dispute, but chose
not to file a response with the Division.
This Claim arose as the result of work performed at Kansas City Terminal on January 11 and 12, 1984.
The Organization argues that since the cleaning of the area in question was for the purpose of prepa
performed by Bridge and Building Department employes. Carrier contends that
the work was part of a general cleaning of the facility in preparation for the
Form 1 Award No. 27822
Page 2 Docket No. MW-27289
89-3-86-3-388
visit of Carrier officials. The work was thus properly performed by
Mechanical Department employes. Further, the area in question was only
one-third of the area that was cleaned.
The Board has reviewed all the documents submitted by both parties in
this case. `de conclude that the work of cleaning the terminal had previously
been performed by Mechanical Department employes. We find no showing that the
cleaning that took place in the High Bay area was any different from that performed in the rest of t
The cleaning involved was general in nature and thus was properly the
work of Mechanical Department employes. The fact that the cleaning was more
comprehensive than usual is explained by the fact that members of upper management of Carrier were t
A W A R D
Claim denied.
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.