Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No.
29473
THIRD DIVISION Docket
No.
MW-29003
93-3-89-3-428
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr., when award was rendered.
(Brotherhood of Maintenance of Way Employees
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company (former St.
Louis-San Francisco Railway Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned
Roadmaster C. L. McLean instead of a Track Subdepartment foreman to
supervise two (2) ballast operators and a shoulder cleaner working
on the Third Subdivision from May 1 through June 5, 1987, (System
File B-1858-2/EMWC 87-9-2B SLF).
(2) As a consequence of the aforesaid violation, Foreman
J. R. Baker shall be allowed pay at the track foreman's rate for all
hours Roadmaster C. L. McLean performed foreman's work from May 1
through June 5, 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 Claimant is a Foreman regularly who was assigned as
such with a maintenance gang at the time of this dispute.
From May 1 to June 7, 1987, the Carrier engaged a
contractor-operated shoulder ballast cleaner, accompanied by two
small ballast regulator machines operated by Carrier employees. The
Form 1 Award No. 29473
Page 2 Docket No. MW-29k
93-3-89-3-428
equipment was accompanied by a Roadmaster. The Organization states
that the Roadmaster was used "to fill a position vacancy with duties
consisting of directing machine operators . . ., throwing switches,
obtaining permission to occupy specific work limits on tracks
and-to occupy tracks during specific times." It is the
Organization's contention that this is worked reserved to a Foreman
under the Scope Rule and other provisions of the Agreement.
The Scope Rule is clearly general is nature, with no
reservation of specific duties. From the record provided by both
the Carrier and the Organization, it appears well established that
the listed duties, while within the normal functions of a Foreman,
are not exclusively performed by Foreman and that others, such as a
Roadmaster, also perform such work.
It is also noted that the Roadmaster was, in the normal
course of his work, accompanying the contractor's equipment. The
Organization has not established that the Carrier was required in
addition to assign a Foreman under these specific circumstances.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. v - Executive Secretary
Dated at Chicago, Illinois, this 21st day of January 1993.