Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27920
THIRD DIVISION Docket No. MW-26870
89-3-85-3-641
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (National Railroad Passenger Corporation (Amtrak) - ( Northeast Corridor

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when the starting time for Gang Z 192 was changed without giving the Organization sixteen (16) hours of advance notice (System File NEC-BMWE-SD-1056).

(2) As a consequence of the aforesaid violation, each member of Gang Z 192, listed below, shall be allowed pay at their respective time and one-half rates for the period 3:00 P.M. to 7:30 P.M. and at their respective straight time rates for the period 7:30 P.M. to 6:00 A.M. on March 26, 1984.























FINDINGS:

The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:
Form 1 Award No. 27920
Page 2 Docket No. MW-26870
89-3-85-3-641

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.



At the relevant time, Claimants were regularly assigned to gang work with hours from 7:30 P.M. to 6:00 A.M. On March 25, 1984, Claimants were informed that effective March 26, 1984, their starting time would be changed to 3:00 P.M. Although Claimants were given more than 16 hours advance notice of the change, the Carrier did not similarly notify the organization of the change. Relying upon the requirement in Paragraph 1(b) of the Agreement that starting times of special gangs established by bulletin may be changed, but only upon "16 hours advance notice to the Organization and the employees affected," the Organization seeks com set forth in the Claim.

With respect to the Carrier's argument that the Organization did not appeal the matter in a timely fashion to the Assistant Chief Engineer as required by Rule 64, we note that the Organization timely delivered an appeal addressed to the Assistant Chief Engineer but erroneously delivered the appeal to the office of the Assistant Vice President - Labor Relations. There is no evidence that the rights of either party were affected by the Organization's error and "together with the fact that neither side acted deviously, arbitrarily nor capriciously in 24588.

With respect to the merits, the Organization is correct that the Carrier violated Paragraph 1(b) change in starting time. The Rule clearly requires that the 16 hour advance notification of a change in starting times must be given "to the Organization and the employees affected [emphasis added]."

However, for reasons similar to those discussed above concerning the Carrier's procedural argument, we are not satisfied that under the particular circumstances of this case the employees are entitled to monetary relief. First, we note that the affected employees received notification of the change in a timely fashion and there is no evidence to show that the employees were harmed by the failure of the Carrier to give the notification to the Organization. Second, there is in a practice of failing to give such similar notifications to the Organization. Although in this in and the Organization.
Form 1 Award No. 27920
Page 3 Docket No. MW-26870
89-3-85-3-641



        Claim sustained in accordance with the Findings.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest
        Nancy J. ev Executive Secretary


Dated at Chicago, Illinois, this 6th day of June 1989.