NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION
Award No. 31482
Docket No. MW-31373
96-3-93-3-359
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:
(National Railroad Passenger Corporation
( (AMTRAK)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement when it
assigned or otherwise allowed outside forces
to change locks on all the fire stairwell
doors at the 30th Street Station at
Philadelphia, Pennsylvania on January 2, 3, 6,
7 and 8, 1992. (System File NEC-BMWE-SD-3138
AMT).
(2) The Agreement was further violated when the
Carrier failed to give the General Chairman
advance written notice of its plans to
contract out said work.
(3) As a consequence of the violations, B&B
Mechanics J. Rocco and G. Allman shall each be
allowed forty (40) hours' pay at their
respective straight time rates."
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. 31482
Page 2 Docket No. MW-31373
96-3-93-3-359
Other than the type and nature of work contracted out at the
Carrier's 30th Street Station, the arguments of the parties are the
same as in Third Division Award 31481, including a challenge to
this Board's authority to resolve the issue.
For the reasons set forth in Third Division Award 31481 this
dispute is dismissed.
AWARD
Claim dismissed.
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 23rd day of May 1996.