Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28154
THIRD DIVISION Docket No. MW-27541
89-3-86-3-799
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 Agreement was violated when the Carrier failed to properly compensate the employes assigned to Gang Nos. Y-102, Y-112, Y-122, Y-132, Y-142, Y-182, Y-192, Y-232, Y-242, Y-292, Z-342 and Y-222 for the work they performed on June 7, 8, 9, 10, 18, 19 and 20, 1985 (System Files NEC-BMWE-SD1363 and NEC-BMWE-SD-136

(2) As a consequence of the violation referred to in Part (1) above:

(a) 'Claim is made for two hours at the time and one

half rate minus the straight time rate for the

June 7, 1985 and 30 hours time and one half rate minus

the straigt time rate for work performed on rest days

June 8, 9, 10, 1985 for each of the affected employees

at each of their respective rates of pay.'

(b) 'Claim is made for 30 days at the time and one

half rates minus the straight time rate for the

work performed on rest days June 18, 19, 20, 1985 for

each of the affected employees at each of their re

spective rates of pay."

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 issue involved in this Docket has been before this Board a number of times previously. In Third Division Award 26518, involving these same parties, the Board stated:
Form 1 Award No. 28154
Page 2 Docket No. MW-27541
89-3-86-3-799
"A review of the record before the Board warrants the
conclusion that the Carrier is in error in the manner
in which it is interpreting the operant Agreement and
the Special Construction Gangs Agreement. Rule 40 un
ambiguously defines a 'work week' as one beginning on
the first day on which an assignment is bulletined to
work. Paragraph 1(d) of the Special Construction Gangs
Agreement clearly states that such work week can con
sist of 4 ten-hour work days with any 3 ' . consecutive
days as rest days.' Rule 90 (a) permits the same type of
arrangement. The Carrier effectively bulletined 4 day
work weeks. Rule 45 states that time worked in excess
of 40 straight time hours in any work week will be paid
at the time and one-half rate. Nothing in Rule 32 nulli
fies the mandates found in the Rules cited in the fore
going. Further, this latter Rule provides that the guid-

ance found therein shall hold '... (e)xcept as otherwise

provided in this Agreement ....'The burden of proof has

sufficiently been met by the organization as moving party

in the instant case."

Third Division Awards 26519, 26522 and 26523 reached the same conclusion. We do not find Awards 26518, 26519, 26522 and 26523 to be in palpable error. They will be followed here.

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest:

ancy J. e;P - Executive Secretary

Dated at Chicago, Illinois, this 16th day of October 1989.