Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28386
THIRD DIVISION Docket No. MW-27,
90-3-87-3-52
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:
(Southern Pacific Transportation Company (Eastern Lines)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned junior B&B
employes (J. D. Ebner and M. W. Woytasczyk) to perform overtime service on
February 28, 1986 and March 1, 1986, instead of calling and using B&B Carpenters J. D. Wickizer
to perform that service (System Files MW-86-43/448-55-A and MW-86-44/448-53-A).
(2) B&B Carpenters J. D. Wickizer and L. N. Ward shall each be
allowed sixteen (16) 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.
On February 28, 1986, and March 1, 1986, Carrier employed two B&B
employees junior to Claimant on an overtime basis, to work a kitchen trailer
that serviced Carrier employees involved in cleaning up a derailment.
The Organization contends that once Carrier decided to use B&B employees on this overtime as
Form 1 Award No. 28386
Page 2 Docket No. MW-27455
90-3-87-3-52
Carrier argues that the job of manning the kitchen trailer in an
emergency situation is done on a voluntary basis and that no single craft has
exclusive rights to the work. No single craft or group has any claim to working the kitchen trailer
class, those employees who can adequately prepare food and cook are asked to
volunteer for the service. That is what took place here and we find no
Agreement Rule that forbids this practice. While this Board clearly understands and supports the san
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
00,
Attest:
Nancy J/oOpffe r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of May 1990.