NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29729
Docket No. MW-29463
93-3-90-3-389
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 Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former
(Missouri Pacific Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the Carrier
bulletined positions on Gangs 1055, 1127, 1129
and 9183 with Saturday through Tuesday work
weeks (Wednesday, Thursday and Friday as rest
days) effective April 7, 1989 (Carrier's File
890581 MPR).
(2) As a consequence of the aforesaid violation,
Claimants T. N. Young, R. L. Best, I.J.
McDaniel, T. B. Magruder, F. P. McDougal, E.
R. Stapleton, B. J. Conley, R. A. Hunt, T.
Palmer and E. Wallace shall each be allowed:
'...
payment of the time and onehalf rate for all hours worked on
Saturday, and Sunday, and payment of
eight (8) hours per day for
Wednesday, Thursday, and Friday,
which should be their normal work
days, for a total thirty four (34)
hours per week, at their respective
straight time rates, from April 7,
1989, continuing thereafter, until
such time that these positions are
established in line with the
agreement."'
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. 29729
Page 2 Docket No. MW-29463
93-3-90-3-389
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
Except as to the Claimants involved, this claim is identical
to that reviewed in Third Division Award 29726, which is incorporated herein by reference. The Board
as in that Award.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:~_
Nancy J. er - Secretary to the Board
Dated at Chicago, Illinois, this 12th day of August 1993.