Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30524
Docket No. MW-30076
94-3-91-3-489
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:
(CSX Transportation, Inc. (former Seaboard
( System Railroad)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the Carrier
assigned Maintenance of Way Track Subdepartment
employe Mr. W. A. Lee to perform the Maintenance of
Way General Subdepartment, Group D, drawbridge
operator's work of operating the lower Savannah
River drawbridge between Milepost AK 459.5 and,
Milepost AK 454.3, i.e., between Augusta, Georgia
and Beech Island, South Carolina on March 16, 24,
April 6, 14, 16, 20, 21, 25, 26, 27, 28 and 29,
1990 and continuing on dates subsequent [System
File 90-48/12(90-694) SSY].
(2) As a consequence of the aforesaid violation,
Florence-Savannah Seniority District Maintenance of
Way General Subdepartment, Group D, Drawbridge
Operators J. L. Strickland, R. N. Youngblood, L. A.
Dickerson, R. J. Seckinger, T. E. Litchfield, J. D.
Youngblood, K. Waye, F. D. Seckinger, E. Pollins,
J. W. Curtis and C. E. Gowen shall each be allowed
pay at their respective time and one-half rate for
an equal proportionate share of the total number of
man-hours expended by employe improperly assigned
to perform the work described in Part (1) beginning
March 16, 1990 and continuing on dates subsequent."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee within the
meaning of the Railway Labor Act as approved June 21, 1934.
Form 1 Award No. 30524
Page 2 Docket No. MW-30076
94-3-91-3-489
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
The Claimants herein hold seniority in the Maintenance of Way
General Subdepartment, Group D as Drawbridge Operators on the
Florence-Savannah Seniority District. The claim concerns the
operation of the Carrier's lower Savannah drawbridge during MarchApril 1990 and thereafter for the p
the Augusta Riverboat cruises to navigate the river where the
drawbridge is in place. The Carrier is not required to maintain
personnel on the drawbridge at all times, owing to the sparse
traffic which requires the drawbridge to be opened.
For this purpose, the Carrier called an employee of the
Maintenance of Way Track Subdepartment to operate the drawbridge.
That employee lives near the drawbridge.
The Claimants all live some distance from the drawbridge.
Such distance ranges from 93 to 243 miles. The Carrier argues
that it,is impractical to call one of the Claimants, because the
need for drawbridge operation cannot wait until one of the
Claimants is called and arrives at the scene. The Organization
contends that the cruise ship has a published schedule, and the
need for drawbridge operation can readily be predicted.
Third Division Award 30068 resolved an identical dispute,
except as to dates. That Award stated:
"Finally, with respect to Claimants' reported
`availability' for work, Carrier asserts without
refutation that Claimants reside 129 and 137 miles,
respectively, from the bridge in question. As the Board
held in Third Division Award 22234, `long distance (from
the site of the work) . may render an employe
unavailable.' In this case, the peculiar immediacy of
the work may reasonably restrict the distance within
which an employee must reside in order to be considered
`available' for work."
For the sake of consistency and orderly application of the
parties' Agreement, previous decisions under identical
circumstances should be followed, unless gross error or a different
fact situation is found. The Board finds Award 30068 does involve
the same facts, and there is no basis to reverse its conclusion.
Form
1
Award No. 30524
Page 3 Docket No. MW-30076
94-3-91-3-489
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant (s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 9th day of November 1994.