Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28040
THIRD DIVISION Docket No. MW-27354
89-3-86-3-575
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:
(National Railroad Passenger Corporation - Amtrak
Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Foreman
P. Collins and Engineer of Work Equipment D. Alley, both of whom are regularly
assigned to Gang G-052, to perform snow removal work from 10:00 P. M. until
8:00 A.M. on February 5 and 6, 1985, instead of assigning Foreman M. Mooney
and Engineer of Work Equipment J. Crandley (System Files NEC-BMWE-SD-1294 and
NEC-BMWE-SD-1298).
(2) Foreman M. Mooney and Engineer of Work Equipment J. Crandley
shall each be allowed ten (10) hours of pay at their respective time and
one-half rates."
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.
The substance of the Organization's Claim is that its Agreement was
violated when Carrier used two members of Gang G-052 for snow removal work
instead of Claimants who are members of Gang G-102.
We have examined the record and reviewed the Rules relied upon by the
Organization and are not persuaded that an Agreement violation occurred in
this instance. The Claim will be denied.
Form 1 Award No. 28040
Page 2 Docket No. MW-27354
89-3-86-3-575
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. D
~K
- Executive Secretary
Dated at Chicago, Illinois, this 10th day of August 1989.