Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31719
Docket No. 1lIW-31151
96-3-93-3-171
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood
of
Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former Missouri
( Pacific Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee
of
the Brotherhood that:
1. The Agreement was violated when the Carrier assigned Arkansas
Division Surfacing Gang 1035 to perform routine surfacing work on the
old White River Division Seniority District territory on January 3 through
24, 1992, instead
of
assigning Foreman R R Ply and Machine Operators
R. L. Swan and J. D. Kelley, who hold prior rights on the White River
Division Seniority District territory (Carrier's File No. 920246 MPR).
2. As a consequence
of
the violation referred to in Part (1) above,
the Claimants shall each receive pay, at their respective time and one-half
rates, for an equal proportionate share of the total number of man-hours
expended by Arkansas Division Gang 1035 in the performance
of
the work
on the White River Division Seniority District territory beginning January
3 through January 24, 1992."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all
of
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.
Form 1 Award No. 31719
Page 2 Docket No. MW-31151
96-3-93-3-171
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
On December 10, 1982, the parties signed a Memorandum Agreement effective
January 1, 1983. The Agreement eliminated the White River Seniority District.
portion
of
the District was merged into the Arkansas Seniority District and the
remainder was merged into the Joplin Seniority District. Employees in the White River
Seniority District were dovetailed into the seniority lists of the Arkansas or Joplin
Districts, depending on where they were headquartered. The Agreement further
provided:
"Employes holding seniority of the District immediately prior to the
effective date
of
this Agreement will retain prior rights to all positions
working on the territory presently comprising the District irrespective
of
whether these positions are located on the Arkansas or Joplin Seniority
Districts. It further is understood that so long as an employe retains these
prior rights, he cannot be displaced from positions on the territory
comprising the District by Arkansas, Eastern District, or Joplin Seniority
District employes. He also cannot be compelled to work outside the
territory comprising the District without the payment
of
actual necessary
expenses."
From January 3, through January 24, 1992, Carrier assigned employees from
Arkansas Division Surfacing Gang 1035 to perform work located in that portion of the
Arkansas Division which had previously been part of the White River Seniority District
The Organization maintains that this assignment violated Claimants' prior rights under
the Memorandum Agreement.
Carrier denies that any violation occurred. In Carrier's view, it properly used
employees holding seniority in the Arkansas Division to perform work in the Arkansas
Division. Carrier contends that the Memorandum Agreement gave employees who held
seniority in the White River District protection against displacement from positions in
the former White River District and prior rights to jobs bulletined, but not an exclusive
right to perform all work in the former White River District.
Form 1 Award No. 31719
Page 3 Docket No. NIW-31151
96-3-93-3-171
After careful consideration, the Board agrees with Carrier that no violation
occurred. The prior rights referred to in the Memorandum Agreement were the
seniority rights that the employees had enjoyed on the former White River District.
There is no indication that the Agreement provided for exclusivity and precluded
Arkansas Division employees from performing any work in the portion of the expanded
Arkansas Division that was located previously in the White River District. Claimants
were not displaced and there is no indication that their prior seniority rights were
infringed in any other way.
AWARD
Claim denied.
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 September 1996.