Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 3176.1
Docket No. M«'-32185
96-3-94-3-611
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
(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 assigned shop craft
forces to perform Maintenance
of
Way work (paint the floors) at the
Locomotive Shops at Cumberland, Maryland on June 28 and 29,
1993 [System File B-TC-8053/12(93-1243) BOR].
(2) As a consequence
of
the violation referred to in Part (1) above, :Mr.
G.L. Logan shall be allowed sixteen (16) hours' pay at the
carpenter's rate, plus credited with two (2) days for vacation
qualification and one (1) month for retirement and all other
benefits."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and an 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.
Form 1 award No. 31764
Page 2 Docket No. M1V-32185
96-3-94-3-6 I 1
Parties to said dispute were given due notice
of
herring thereon.
Pursuant to Section 3, First (j)
of
the Railway Labor Act, as amended, notice was
given to the Brotherhood Railway Carmen Division
of
TCU of this claim as a possible
Third Party in Interest. That Organization subsequently filed a Submission on this
matter.
This dispute arose because a Carman painted floors at the Carrier's Cumberland
Locomotive Shops on June 28 and 29, 1993. The Organization contends that the work
performed is protected work
of
its craft. In so asserting, the Organization relies upon
a written statement submitted by B&B employees as well as that portion
of
its Scope
Rule which specifies that "painting ... shall be performed by the B&B forces."
The Board, after careful review
of
the ineffective Carmen's Submission, as well
as the record developed on the property, finds that the Brotherhood
of
Maintenance of
Way Employes' position must prevail.
In so holding, we note that the Organization's Scope Rule specifies painting as
claimed. Further substance is given to this finding by written statements from the B&B
workforce. Moreover, although the Organization waited until December 13, 1994, to file
its Notice
of
Intent with the Board, the Carrier made no effort to refute the substance
of the Organization's position as contained in its post conference letter to the Carrier
dated May 16, 1994.
The remedy is limited to the payment of 16 hours at the straight time rate.
AWARD
Claim sustained in accordance with the Findings.
Form 1 Award No. 31764
Page 3 Docket No. MW-32185
96-3-94-3-611
RDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is order to make the
Award effective on or before 30 days following the postmark date the :ward is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 29th day
of
October 1996.