Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29056
THIRD DIVISION Docket No. MW-28478
91-3-88-3-278
The Third Division consisted of the regular members and in
addition Referee Gil Vernon when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
(,Former Missouri-Kansas-Texas Railroad Company)
STATErafrT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(i) The Agreement was violated when the Carrier assigned District
No. 3 employe J. B. Hebert instead of furloughed District No. 4 employe C. L.
Brown to work on District No. 4 from February 2 to March 2, 1987 (System File
300-27). .
(2) As a consequence of the aforesaid violation, Mr. C. L. Brown
shall be compensated for all wage loss suffered beginning February 2, 1987 up
to but not including March 2, 1987."
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 instant case involves the same factual scenario as in Third
Division Award 29054. The Claimant was in layoff status while an employee
from Seniority District No. 3 performed work in his seniority district. The
Claimant was later recalled. The arguments are also the same as set forth in
Award 29054.
For the same reasons expressed in the aforementioned companion case,
the claim is sustained.
A W A R D
Claim sustained.
Form 1 Award No. 29056
Page 2 Docket No. MW-28478
91-3-88-3-278
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of November 1991.