Form
1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31206
Docket No. MW-31499
95-3-93-3-475
The Third Division consisted of the regular members and in
addition Referee Robert L. Hicks when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc.(former
( Western Maryland Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1)
The Agreement was violated when the Carrier
abolished the trackman's position at Cheat
Bridge and thereafter assigned a foreman and
chauffeur to perform trackman's work (placing
ties, surfacing track, replacing bars, bolts,
etc.) beginning May 6, 1991 [Carrier's File
12(91-1232) WMR1.
(2) As a consequence of the violation referred to
in Part (1) above, furloughed Trackman C.T.
Bosley shall be allowed pay for all hours
worked at his respective straight time and
time and one-half rates of pay, beginning may
6, 1991 and continuing, and he shall receive
credit for vacation and other benefits in
connection therewith."
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.
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
Form
1
Award No. 31206
Page 2 Docket No. MW-31499
95-3-93-3-475
Prior to May 6, 1991, the gang consisted of a Foreman, a
Chauffeur and a Trackman.
A force reduction was deemed necessary and the Carrier
abolished the position held by the youngest in seniority as between
the Trackman and the Chauffeur. As a result, the gang was
continued with just the Foreman and the Chauffeur, with both doing
track work.
The argument is that track work is to be done only by
Trackmen, that Carrier abolished the Trackman's position and
temporarily assigned the work to a Chauffeur.
The Carrier, on the other hand, says it was complying with
Rule 3(f) which reads, in pertinent part, as follows:
"Gangs will not be laid off for short periods but in lieu
thereof, junior men will be laid off ***~ (underscoring
added).
The aforequoted Rule is general in nature. It does not
require the furloughing of the junior employee in the same
category, it simply obligates the Carrier to lay off junior men.
There is no quarrel concerning the seniority ranking of the
employee who was laid off, nor is it spelled out in the Agreement
that only Trackmen can perform Trackman duties. Significantly, it
is further noted that with only two employees working the gang, the
Foreman has also done track work, but the claim before the Board is
based solely upon the allegation that the Agreement was violated
when the Chauffeur performed track work.
From this view point, it is this Board's observation that the
Agreement was not violated. See Third Division Award 31188.
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.
Form 1 Award No. 31206
Page 3 Docket No. MW-31499
95-3-93-3-475
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 1st day of November 1995.