Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29110
THIRD DIVISION Docket No. MW-27328
92-3-86-3-401
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher 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, on January 7, 1985, the Carrier
used General Foreman A. DeStefano to supervise two (2) B&B mechanics engaged
in boarding vandalized windows at the North Philadelphia Station (System File
NEC-BMWE-SD-1278).
(2) Because of the aforesaid violation, B&B Foreman P. C. Essick
shall be allowed four and one-half (4 1/2) hours of pay at his time and
one-half rate."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record
and all the evidence, _inds 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.
As Third Party in Interest, the American Railway and Airway Supervisors Association was advised
file a Submission with the Division.
On January 7, 1985, two
B&B Mechanics
were called out to make emergency board-up repairs to vandalized windows at Carrier's North Phil
Station. The work involved took four and one-half hours to complete. During
that time a General Foreman, holding no seniority under the Maintenance of Way
Agreement, was on the scene. The Organization contends that its Agreement was
violated because Carrier failed to use Claimant, a
B&B
Foreman, to supervise
the work.
Form 1 Award No. 29110
Page 2 Docket No. MW-27328
92-3-86-3-401
Carrier has denied the Claim on a variety of grounds, but mainly that
there is nothing in the Agreement which requires the assignment of a B&B Foreman to supervise ea
supervisory work is not exclusively reserved to members of the Maintenance of
Way Craft. Carrier stresses that the services of a 86B Mechanic Foreman were
not required for the two skilled employees who were performing a simple task.
Upon review of the entire record we are unable to read the Agreement
as requiring the assignment of a B&B Foreman in the circumstances present
here. The Claim is without merit and will be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. De -Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1992.