NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION
Award No. 31565
Docket No. MW-31200
96-3-92-3-933
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 DISPUTE:
(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 Yardmaster B.
Sheffery, Assistant Trainmaster Marsh, Trainman J. Dempsey and
Carman D. A. Topolski to perform Maintenance
of
Way work (painting
the interior and exterior
of
the Penn Mary Yard Office) on September 12,
1991 [System File B-TC-7997/12(91-1647) BOR].
(2) As a consequence
of
the violation referred to in Part (1) above,
Bridge and Building (B&B) Subdepartment employes D. E. Beverly, S. N.
Hardy, M. L. Hare and M. L. Marshall shall each receive an equal
proportionate share
of
the eighteen (18) man-hours expended at their
respective rates
of
pay."
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. 31565
Page 2 Docket No. MW-31200
96-3-92-3-933
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.