NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION
Award NoJI559
Docket No. MW-32216
96-3-94-3-12
The Third Division consisted of the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(Brotherhood
of
Maintenance
of
Way Employes
PARTIES TO DISPUTE:
(Chicago & North Western Transportation Company
STATEMENT OF CLAIM: "Claim
of
the System Committee
of
the
Brotherhood that:
(1) The Agreement was violated when the Carrier assigned RD 702
Interdivisional Tie Gang and RC 711 Interdivisional Rail Gang to
work on washouts near Denison, Iowa on July 9, 10 and 11, 1993
instead of assigning PA Welding, R.D. McDuffee, H.D. Myers, J.A.
Galindo and M.P. Sherer, who were members of AFE Gang #8, to
perform said work (System File 4PG3585T/81-93-147).
(2) As a consequence of the violation referred to in Part (1) above, AFE
Gang #8 members PA. Welding, R.D. McDuffee, H.D. Myers, J.A.
Galindo and M.P. Sherer shall each be compensated for sixteen (16)
hours' pay at their respective overtime rates and thirty (30) hours'
pay at their respective double 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. 31559
Page 2 Docket No. MW-32216
96-3-94-3-12
On July 8, 1993, the Carrier's main line was taken out of service because of heavy
flooding between Denison and Missouri Valley, Iowa. To repair the "washout," the
Carrier used employees assigned to various work gangs. The question to be resolved is
whether the Carrier improperly assigned work to employees junior to the Claimants.
A further question is raised as to whether the Carrier called employees from different
seniority districts to work on the "washouts" even though the work at issue was reserved
to the Claimants' seniority district.
After a careful examination of the record developed on the property, the Board
cannot resolve the various conflicting factors presented by the parties. Accordingly, in
light of the insufficient record, we must dismiss the claim.
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 25th day of July 1996.