Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28516
THIRD DIVISION Docket No. MW-27864
90-3-87-3-373
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company (former The
( Virginian Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when improper notice of job abolishment was given to Section Labo
File V-TC-3203/MW-BL-86-26).
(2) As a consequence of the violation referred to in Part (1) hereof,
Section Laborer J. A. Smith shall:
'...
be paid for each and every hour that this trailer
is at Oak Hill, West Virginia and that he be paid for
mileage and time for each and every day that he is required to drive to Mullins, West Virginia when
work available to him at Oak Hill.'"
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.
During November, 1983, the parties entered into an Agreement permitting employees of the former
jobs when such gangs were performing work on the former Virginian lines. As a
result of the same Agreement, the Carrier abolished a number of fixed territory section gangs staffe
Oak Hill, West Virginia. The Carrier abolished not only Claimant's position
but also the entire "PAX" gang on July 20, 1984. Claimant contends that the
Carrier improperly abolished his position.
Form 1 Award No. 28516
Page 2 Docket No. MW-27864
87-3-87-3-373
The Board does not find any violation of the Agreement.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:,~4 C
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this 28th day of August 1990.