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.
A. Affonsa G. C. McIntosh
R. V. Allison R. A. McKee
W. B. Allison W. L. McKinnon
A. Andrews D. McLaughlin
K. R. Briscoe W. Patton
J. S. Craig A. N. Plant
W. G. Crook C. Race
A. Cunha R. S. Reader
B. B. Davis D. Shine
H. J. Douglas W. J. Siwarski
D. Dube L. M. Slavin
D. A. Dube B. Sudler
G. T. Eward C. T. Tarloski
M. Gibson R. Walls
E. Herndon L. A. Watson
K. Homier N. 0. Welch
R. Johnson D. P. Williams
0. Love G. L. Wilson
J. G. Madron G. Wright
T. Mathers J. A. Wright
M. R. Zimmermann."
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.
Parties to said dispute waived right of appearance at hearing thereon.
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
A W A R D
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.