Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28988
THIRD DIVISION Docket No. Mw-26936
91-3-86-3-27
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:
(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 assigned other
employes to perform overtime service instead and in the place of Repairman
J. J. Gerding on May 21, 22, 23, 29, 30, 31, June 3, 4, 5, 6, 18, 19, July
1, 2, 3, 5, 7, 8, 9 and 10, 1984 (System Files NEC-BMWE-SD-1110, NEC-BMWESD-1111, NEC-BMWE-SD-1122).
(2) The claimant shall be allowed one hundred eighty-nine (189)
hours of pay because of the violation referred to in Part (1) hereof."
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.
At the time of the incidents that gave rise to the three claims being
considered in this case, Claimant was employed as a Repairman, headquartered
at Bayview. On the twenty days between May 21 and July 10, 1984, Claimant
contended that he should have been used on an overtime basis to repair equipment assigned to the Hig
A review of the record and correspondence exchanged on the issue reveals that there is a dispute
property. When such irreconcilable differences occur, claims have traditionally been dismissed or de
otherwise in this instance.
Form 1 Award No. 28988
Page 2 Docket No. MW-26936
91-3-86-3-27
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy
J. D
-Executive Secretary
Dated at Chicago, Illinois, this 24th day of September 1991.