NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29641
Docket No. MW-28005
93-3-87-3-524
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:
(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 an assistant foreman instead of a
trackman-driver to operate Truck No. 2266 on
Gang 122, headquartered at Arcadia, Kansas
on a regular daily basis (System File B1457/EMWC 86-5-12).
(2) As a consequence of the aforesaid violation,
Trackman-Driver J. G. Rosenbaum shall be
paid at the trackman-driver rate of pay for
all time Truck No. 2266 is operated without
an assigned trackman-driver beginning sixty
(60) days retroactive from April 15, 1986
and continuing until the violation is
corrected.
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.
At the relevant time, Claimant was a trackman-driver assigned
to Gang 122 headquartered at Arcadia, Kansas. This claim involves
asserted rule violations because Assistant Foreman R. Baker of Gang
122 operated Truck No. 2266 assigned to that gang without a trackman-driver for over 30 days.
Form 1 Award No. 29641
Page 2 Docket No. MW-28005
93-3-87-3-524
Three vehicles were assigned to Gang 122. The ordinary
operation of those vehicles was as follows: Truck No. 7399
material truck operated by a trackman-driver to pick up and deliver
materials), 2256 (a district truck operated by a trackman-driver
for transporting foreman and trackmen to job sites) and 74600 (a
crew hauler truck driven by an assistant foreman to transport
machine operators to job sites).
Rule 18(a)(4) states, in relevant part:
"When motor vehicles for use on the highway are assigned to a
gang in the Track Sub-department or in the System Rail Laying Subdepartment for the purpose of trans
connection with their work, one or more positions of trackmandriver shall be established in each suc
Rule 18(a)(5) states, in relevant part:
"The establishment of trackman-driver positions does not grant
such employes the exclusive right to the driving of trucks, and
does not preclude other members of the gang from driving a motor
vehicle assigned to the gang for which they will receive no
additional compensation; however, trackman-driver, when available,
shall be used for this purpose in preference to other trackmen in
the gang."
There is no rule support for the Organization's contention
that a trackman-driver must be assigned to operate every vehicle
assigned to the gang. Indeed, Rule 18(a)(4) states only that when
a gang has vehicles assigned to it, "one or more positions of
trackman-driver shall be established in each such gang." Had the
parties intended that each vehicle required the assignment of a
trackman-driver, they could have easily stated that requirement.
This gang has two trackman-drivers. It therefore had "one or more
positions of trackman-driver
...."
The staffing dictated by the
rules have been met.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
fancy ever, Secretary to the Board.
Dated at Chicago, Illinois this 7th day of June 1993.