Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28120
THIRD DIVISION Docket No. MW-27738
89-3-87-3-535
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Tie Gang
Machine Operators M. Welsh and S. Woods instead of Keenan Section Gang Machine
Operator W. Murphy to perform overtime service on the Keenan Section territory
on June 21 and 22, 1986 (System Files 48-86 and 64-86).
(2) As a consequence of the aforesaid violation, Mr. W. Murphy shall
be allowed nineteen and one-half (19.5) hours of pay at his time and one-half
rate."
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.
From the record before us, the following facts appear to be substantiated. Tie Gang 10606 was op
Gang. On June 21 and 22, 1986, the rest days of the Keenan Section Gang,
employees of Gang 10606 were employed to pick up used and replaced ties.
The claim before us is predicated upon Rule 20(a) and (b), reading as
follows:
Form 1 Award No. 28120
Page 2 Docket No. NW-27738
89-3-87-3-535
"RULE 20
Division of Overtime
(a) During the regular assigned workweek, an
employee assigned to a particular job during the
workday at a point where overtime is required
continuous with his shift will be given all the
overtime connected with that job.
(b) All other overtime will be given to the
senior qualified available employee working in
the classification at the headquarters point
where the overtime is to be performed."
Rule 20(a) does not apply here because the work in dispute was not
"required continuous with" the regular assigned shift of the employees of the
Keenan Section Gang. The claim here concerns work that was performed on the
assigned rest days of the gang.
The Organization contends that many of the ties had been removed by
the Keenan Section Gang, and, as such, only the Keenan Section Gang could pick
up the remains of their regular work. While it is true that work on a section
normally accrues to the gang assigned to its maintenance, it is also true that
special purpose gangs do traverse many sections in the performance of their
work. Here, it is not contested that the work was performed by Class C
machine operators and Claimant was assigned to a Class B machine operator
position. Given the nature of the work performed, the Board is unable to
conclude that the Rule cited requires that a sustaining award be issued on
this record.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of September 1989.