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:



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.



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.






                          By Order of Third Division


Attest:
        ancy ov- 000e,

        J ver'- Executive Secretary


Dated at Chicago, Illinois, this 13th day of April 1989.