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)



(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.






                            By Order of Third Division


Attest:
      Nancy J. De -Executive Secretary


Dated at Chicago, Illinois, this 28th day of February 1992.