NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30030
Docket No. MW-29304
94-3-90-3-213
The Third Division consisted of the regular members and in
addition Referee Charlotte Gold 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 permitted junior employes instead of Trackmen H. L.
Barber, R. Norman and G. K. Mitchell to perform
'extra' work on Gang No. 9415 at the Panel Plant
beginning January 4, 1989 and continuing (Carrier's
File 890177 MPR).
(2) As a consequence of the aforesaid violation,
Messrs. H. L. Barber, R. Norman and G. K. Mitchell
shall each be allowed eight (8) hours of pay per
day at the trackman's rate beginning January 4,
1989 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 employe 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.
On January 4, 1989, following the abolishment of their
positions due to a force reduction, furloughed Claimants sought to
displace Trackmen junior to them who were performing extra work at
the Panel Plant in North Little Rock, Arkansas. Their request was
denied and a claim was filed upon their behalf.
Form 1 Award No. 30030
Page 2 Docket No. MW-29304
94-3-90-3-213
This Board, as well as others, have concluded that the
displacement rights afforded to bargaining unit members by Rule
2(f) of the parties' Agreement pertain only to regular assignments
held by junior employes. (See Third Division Award 30031, as well
as Awards No. 425 and 426 of Public Law Board 279.) As a
consequence, this claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Catherine Loughrin
6/
Interim Secretary to the Board
Dated at Chicago, Illinois, this 17th day of February 1994.