NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30095
Docket No. MW-30171
94-3-91-3-620
The Third Division consisted of the regular members and in
addition Referee Hugh D. Duffy when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former 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
supervisory personnel to perform watchman work at
the Barboursville Plant beginning September 20,
1990, and continuing instead of assigning
furloughed Watchman W. Clagg, Jr. thereto (System
File C-TC-7157/12(90-1115) COS].
2. As a consequence of the above-mentioned violation,
furloughed Watchman W. Clagg, Jr. shall:
I...be paid for all hours worked by
Supervision beginning with September 20, 1990,
and continuing until Supervision is no longer
performing Mr. Clagg's former duties and Mr.
Clagg is given the opportunity to retur to
this position."'
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 September 20, 1990, the Claimant was furloughed after his
position as a watchman at Barboursville, West Virginia, was
Form 1 Award No. 30095
Page 2 Docket No. MW-30171
94-3-91-3-620
abolished. The Organization then filed a Claim alleging that some
of his former duties were being performed by Carrier Supervisors.
On February 4, 1991, the Carrier responded to the organization
as follows:
"First, there are no duties being performed at
Barboursville by supervisors as you allege. Furthermore,
we fully concur in Plant Manager E.N. Hull's advice
extended you in his letter of December 10, 1990. You
have not shown any work supervisors are allegedly now
performing which accrued to the watchman's position.
Also, there is no exclusivity for the housekeeping duties
you allege Mr. Clagg is entitled to perform. Systemwide,
housekeeping, grass and weed mowing, etc. is performed by
a myriad of employees - clerks, firemen and oilers,
laborers and Maintenance of Way employees."
While the organization made conclusionary allegations that
supervisors were performing work exclusive to the craft, the
Organization did not provide any evidence to buttress its
contentions. Under well-established precedents of the Board, we
must accordingly deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Catherine Loughrin - nteri secretary to the Board
Dated at Chicago, Illinois, this 4th day of April 1994.