NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION
Award No. 31564
Docket No. MW-31199
96-3-92-3-932
The Third Division consisted
of
the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood
of
Maintenance
of
Way Employes
PARTIES TO,DISP 1
(CSX Transportation, Inc. (former Baltimore
( and Ohio Railroad Company)
STATEMENT OF CLAIM;
"Claim of
the System Committee
of
the
Brotherhood that:
(1) The Carrier violated the Agreement when it used Brakeman W.
Spears to perform Maintenance
of
Way work (spreading stone around
switch stands and cutting grass and brush) in the Grafton Yards, Grafton,
West Virginia on August 13, 14 and 30, 1991 [System File BTC,8566/12(92-41) BOR1.
(2) As a consequence
of
the violation referred to in Part (1) above,
furloughed Trackman J. R. Swisher shall be allowed pay at his respective
straight time rate for the twenty-four (24) man-hours expended in the
performance
of
the work described above and the applicable vacation and
retirement credits in connection herewith."
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. 31564
Page 2 Docket No. MW-31199
96-3-92-3-932
In Third Division Awards 30160, 30161, 31081, 31085 and 31269 involving the
same parties in similar disputes involving work performed by a Safety Committee, the
Board found that the Carrier violated the Agreement and sustained the claims. After a
thorough review of the record in the instant case we find no basis to rule differently than
the above-mentioned Awards.
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of July 1996.