Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28787
THIRD DIVISION Docket No. MW-27383
91-3-86-3-612
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein 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 assigned outside
forces to install restrooms and perform related plumbing and piping work at
the 30th Street Station on February 14, 15, 19, 20, 21, 22, 25, 26, 27, 28,
March 1 and 4 and April 15, 16 ,17, 18, 19, 22, 23 and 24, 1985 (System Files
NEC-BMWE-SD-1268 and NEC-BMWE-SD-1331).
(2) The Carrier also violated the Agreement when it did not give the
General Chairman advance written notice of its intention to contract out said
work.
(3) As a consequence of the aforesaid violations, Plumber F. Lawler
shall be allowed ninety-eight (98) hours of pay at his straight time rate,
Plumber J. Schack shall be allowed eighty-seven (87) hours of pay at his
straight time rate and Plumber F. Ruddle shall be allowed eight (8) hours of
pay at his straight time 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.
The Organization seeks a total of 193 hours at the pro-rata rate
on behalf of 3 plumbers based on the contention the Carrier violated the
Agreement when it assigned outside forces to install restrooms and perform
related plumbing and piping work at the 30th Street Station on various dates
in February, March, and April 1985, and did not give the General Chairman
advance notice of its intention to contract out said work.
Form 1 Award No. 28787
Page 2 Docket No. MW-27383
91-3-86-3-612
Carrier's position is that the Claims are without merit and that the
Claimants are not entitled to any compensation. Further, Carrier submits that
the Organization has failed to sustain its burden of proof that a violation of
the Agreement occurred in this case, because the Scope and Work Classification
Rules were not applicable in this matter and the cited work was included in a
project of which the Organization had been notified. Moreover, the Carrier
argues that the Claims are unwarranted and excessive in any event.
As we view the evidence presented and the issues joined by the parties, the threshold question w
Work Classification Rules are applicable herein. While the Organization relies upon these provisions
the terms of the Minimum Force Agreement and not the Scope and Work Classification Rules. Carrier fu
30th Street Station was provided to the Organization and that the Organization
was given the opportunity to meet to review the details of the project. Contrary to the Organization
work was always part of the specifications and details of the 30th Street
Station Improvement Project, a description of which was forwarded to the
Organization on May 19, 1980.
The Minimum Force Agreement, dated May 15, 1980, recognizes that the
Carrier is mandated by federal statute to make various improvements in the
Northeast Corridor and that the scope of these federally funded projects may
necessitate the use of contractor forces to perform work which normally
accrues to the organization's forces. Article III(A) sets forth the notification procedures to be fo
As set forth therein, notification must "fully describe each item of work in
the project to be done by the contractor(s) and will fully describe the work
to be performed by (Carrier) support forces including the number and classification of such forces."
the Carrier to evaluate or clarify the items sw.trforth in the work project.
Significantly, Article III(C) of this Agreement expressly provides
that the foregoing notification procedures shall not apply to maintenance
projects, special projects sponsored under CETA,
or
projects which are not
financed by the use of federal funds. In those instances, where the work
involved is work which normally accrues to employees represented by the
Organization, the "matter shall be handled in accordance with the procedures
set forth in the Collective Bargaining Agreement between the parties."
It is our view that the provisions of the.. Minimum Force Agreement are
dispositive of the matter now before this Board. We are satisfied, after careful review of the evide
Station federally funded project, and that, therefore, the notification procedures in the Minimum Fo
precluded from considering whether the Carrier complied with the provisions
therein since the Organization in its Claim relied solely on the Scope and
Work Classification provisions of the Collective Bargaining Agreement as the
basis for its contention that the notification was improper or incomplete.
Since we perceive that those contractual provisions are not applicable to the
instant case, we have no alternative but to deny the Claim.
Form 1 Award No. 28787
Page 3 Docket No. MW-27383
91-3-86-3-612
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: /
-Nancy J.-"r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of May 1991.