C:\MYDOCU~1\SCHEDU~2\3-28042.htm

Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28042 ' THIRD DIVISION Docket No. MW-27543 89-3-86-3-806 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 failed and refused to maintain the headquarters at Millham in the condition specified by Rule 84(a) beginning July 1, 1985 (System File NEC-BMWE-SD-1370). (2) As a consequence of the aforesaid violation, Trackman A. Alessi shall be allowed two (2) hours of pay for each day on which the violation occurs, on a continuing basis, beginning July 1, 1985." 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 matter concerns an allegation that Carrier failed to maintain Claimant's headquarters at Millham in a satisfactory condition, as specified by Rule 84(a) of the Agreement, so as to require Claimant to travel to other facilities before and after work for necessary preparation and cleanup.

Rule 84(a) reads:

(a) Each designated headquarters will be

supplied with lockers, washing and toilet

facilities, proper heating, electrical fixtures,

table and benches and will be maintained in a

clean and sanitary condition."

Form 1 Award No. 28042 Page 2 Docket No. MW-27543 89-3-86-3-806 We are persuaded that, at least commencing July 1, 1985, because of vandalism, the Millham headquarters of Claimant was not adequate, as contemplated by Rule 84(a). Car provision exists for support of the type of payment sought here. Recently we had occasion to consider a similar case involving another carrier wherein a Signalman's headquarters was inadequate because of vandalism. In Third Division Aw headquarters conditions were corrected. We will do the same here at the straight time rate.

A W A R D

Claim sustained in accordance with the Findings. NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division Attest: Nancy J. e r - Executive Secretary Dated at Chicago, Illinois, this 10th day of August 1989.