NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION
Award No. 31567
Docket No. MW-31555
96-3-93-3-571
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
( Louisville and Nashville Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the Carrier assigned
mechanical and transportation employes to cut weeds in and around the
tracks at Radnor, Tennessee on August 1, 4, 20, 21 and 24, 1992 (System
File 13(113) (92)/12(92-1292 LNRI.
(2) As a consequence of the violation referred to in Part (1) above,
furloughed employes J. E. Jennings, E. M. Cole, K. L. Gothard, B. A.
McBroom and J. Gentry shall each be allowed forty (40) hours' pay at the
track repairman's straight time rate 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. 31567
Page 2 Docket No. MW-31555
96-3-93-3-571
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.