Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32002
Docket No. MW-31193
97-3-93-3-205
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)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when, after assigning the Central
Division machine operator position (Speedswing SS43M) advertised
in Bulletin Number CEN00419 to Mr. S. K. Smith, the Carrier
canceled the position and thereafter assigned a heavy equipment
operator working under the International Union of Operating
Engineers' Agreement to operate said speedswing (Carrier's File
920180 MPR).
(2) As a consequence of the violation referred to in Part (1) above, the
Carrier shall re-advertise the aforementioned machine operator
position and assign it to a Maintenance of Way Department employe
(Central Division machine operator)."
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.
Form 1 Award No. 32002
Page 2 Docket No. MW-31193
97-3-93-3-205
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
.-1s Third Party in Interest, the International Union of Operating Engineers was
advised of the pendency of this dispute and chose to file a Submission with the Board.
This claim contests the award of a speedswing operator position to an employee
covered by the International Union of Operating Engineers' agreement. The identical
issue has been before this Board on four prior occasions. See Third Division Awards
29111, 29112, 30085 and 31671. In each case. the Board has denied the claim and held
that the award of the position to Operating Engineers did not violate the Maintenance
of Way Agreement. We find that these prior Awards govern the instant dispute, and we
see no reason to depart from their holdings.
AWARD
Claim denied.
ORDF
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 6th day
of
May 1997.