NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29658
Docket No. MW-29247
93-3-90-3-126
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr., when award was rendered.
PARTIES TO DISPUTE: (Brotherhood of Maintenance of Way Employes
(
(CSX Transportation, Inc. (formerly The
Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it
assigned junior employes V. Richmond, P. Roach
and M. Martin instead of senior furloughed Class A
Machine Operators J. Simms, S. W. Vandall and C.
Burdette to fill temporary vacancies in the Class
A Machine Operator's rank at Swiss, West Virginia
beginning November 7, 1988 and continuing (System
File C-TC-4720/12(89-354) COS].
(2) As a consequence of the violations referred
to in Part (1) above, the Claimants shall
be compensated as follows:
(a) Mr. J. Simms shall be allowed pay at the
Class A Machine Operator's rate for one
hundred twelve (112) straight time hours and
thirty-seven (37) overtime hours.
(b) Mr. C. Burdette shall be allowed shall
be allowed pay at the Class A Machine
Operator's rate for eighty (80) straight
time hours and thirty-seven (37) overtime
hours.
(c) Mr. S. W. Vandall shall be allowed pay
at the Class A Machine Operator's rate
for one hundred twenty (120) straight time
hours and thirty-seven (37) overtime hours."
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 employe within the
meaning of the Railway Labor Act as approved June 21, 1934.
Form 1 Award No. 29658
Page 2 Docket No. MW-29247
93-3-90-3-126
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
This dispute concerns a segment of track under the joint
control of the Carrier and Conrail at Swiss, West Virginia. In
November 1988, three Conrail employees surfaced the track. While
the Conrail employees were at work, the Carrier upgraded an equal
number of active employees to Class A Operator rate of pay. This
paralleled an arrangement made two years earlier in 1986.
The organization contends that three furloughed Class A
Machine Operators should have been recalled to perform the work and
that the situation is not remedied by providing an upgrade to the
three Carrier employees.
There are substantial variances in the arguments set forth in
the Organization's submission as compared to its Claim on the
property. The organization has not met its burden of proof in
establishing a Rule violation as to the work performed by the
Conrail employees at the joint facility. Failing this, argument as
to the arrangement (duplicating that made in 1986) is without
significance.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
'Nancy ver, Secretary to the Board
Dated at Chicago, Illinois, this 7th day of June, 1993.