Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29084
THIRD DIVISION Docket No. MW-29117
92-3-89-3-551
The Third Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
(Former Missouri Pacific Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Commitcee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned Trackman
Don Cole instead of Welder D. E. Price and Welder Helper J. D. Jefferson to
perform welding work at the Panel Plant in North Little Rock, Arkansas on
August 22, 23, 24, 25, 26, 29 and September 6, 7 and 8, 1988 (Carrier's File
880545 MPR). '
(2) As a consequence of the aforesaid violation, Welder D. E. Price
and Welder Helper J. D. Jefferson shall each be allowed seventy-two (72) 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.
The Claimants seniority dates as welders in the Welding Subdepartment
on the Carrier's Eastern District are June 18, 1958 and May 31, 1977. Both
Claimants were working at the Carrier's North Little Rock Terminal. The
employee assigned the work is a trackman in the Track Subdepartment with a
seniority date of August 4, 1988.
On the dates set forth in the claim, the Carrier assigned the junior
trackman to perform welding in the construction of panel jigs at the Panel
Plant at North Little Rock rather than assigning Claimants to perform that
work. In the past, Claimants had performed that work. The work involved took
72 hours to complete.
Form 1 Award No. 29084
Page 2 Docket No. MW-29117
92-3-89-3-551
The record establishes that two separate seniority rosters are maintained which separate welders
that, in the past, welding work has been performed by welders and welder helpers and not by trackmen
However, the claim seeks 72 hours for both Claimants when the total
hours worked was only 72 hours. Each Claimant shall therefore only be entitled to 36 hours pay. Furt
awarded compensation shall be at the straight time rate.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
6~
Nancy J D r - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of January 1992.