Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27826
THIRD DIVISION Docket No. MW-27307
89-3-86-3-417
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:
(Burlington Northern Railroad Company
(former St. Louis-San Francisco Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when, beginning June 3, 1985,
it assigned Seniority District No. 1 Machine Operator R. Hill to operate a tie
remover on Seniority District No. 2 instead of recalling and assigning furloughed Seniority District
B-1364/EMWC 85-8-12).
(2) As a consequence of the aforesaid violation, Seniority District
No. 2 Machine Operator D. Pepper shall be compensated for all time worked by
Machine Operator R. Hill on Seniority District No. 2."
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.
Claimant holds seniority as a Machine Operator in the Track Subdepartment on Seniority District
Machine Operator in the Track Sub-department. His seniority, however, was
established on Seniority District No. 1. The seniority of Claimant and Mr.
Hill is restricted to their respective seniority districts.
This claim arose as a result of Carrier's assigning Mr. Hill to
operate a tie-remover in District No. 1, as well as in District No. 2. Claimant was the senior emplo
take the job and operate the machine.
Form 1 Award No. 27826
Page 2 Docket No. MW-27307
89-3-86-3-417
At issue is the interpretation of Rule 23, the System Gang Rule.
This Rule allows Carrier to organize system gangs and move them from one
seniority district to another.
It is the opinion of this Board that Rule 23 was designed to allow
gangs to operate over the system from one district to another without bringing
in a new gang of employes. This Rule was not intended to interfere with the
seniority system, which safeguards an employe's right to certain jobs. Rule
23 relates to gangs and to machines, but does not apply to individual Machine
Operators. Honoring the seniority system and determining that Claimant has a
right to the work in his District will in no way interfere with the intent or
operation of Rule 23.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy ov- 000e,
J ver'- Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.