Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27876
THIRD DIVISION Docket No. MW-27361
89-3-86-3-587
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher 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 it assigned Machine
Operator D. W. Marshall to perform trackman's work at the Rail Complex (System
File B-1422-1/EMWC 85-9-24).
(2) As a consequence of the aforesaid violation, Trackman D. D.
Benefiel shall be allowed an additional eight (8) hours of pay for each day
Machine Operator D. W. Marshall performs trackman's work at the Rail Complex
beginning sixty (60) days retroactive from July 31, 1985 and continuing until
the violation is discontinued."
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 Claim is the fourth of a series of Claims turning on the same
Agreement and issues. In Third Division Award 27696 we considered a dispute
between these same parties involving identical issues to those involved in
this Claim and sustained the Claim of the Organization on the basis that it
was an Agreement violation to have Machine Equipment Operators perform Trackman's work when they wer
27874 and 27875 we stated that we were not being persuaded that Award 27696
was in error and also sustained those Claims. We reach the same result here.
However, in each of the Claims involved in Awards 27696, 27874, and
27875 not only were specific dates identified on which Machine Operators performed Trackman's work b
the case here. We are troubled by this Claim's sweeping scope.
Form 1 Award No. 27876
Page 2 Docket No. MW-27361
89-3-86-3-587
The Claim seeks sixty days' retroactive compensation from the date of
filing without specifically identifying a single date on which the Machine
Operator performed a specific item of Trackman's work. It also asks for compensation to be continued
that retroactive Claims, as well as continuing Claims, are provided for in the
Agreement but we question their appropriateness in the circumstances we are
faced with here.
Accordingly, we embrace the concept that it is an Agreement violation
to use Machine Operators in the performance of Trackman's work while their machines are inoperable b
Trackman without a specific showing that Trackman's work was performed on a
specific date.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. ZWr - Executive Secretary
Dated at Chicago, Illinois, this 4th day of May 1989.