Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32153
Docket No. MW-31394
97-3-93-3-388
The Third Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Burlington Northern Railroad (former St. Louis
( San Francisco Railway Company)
. TA EMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (Herzog) to unload ties from Mile Posts 366.0 to 390.0
without assigning a special equipment operator thereto, from March
9 through April 3, 1992 (System File B-1902-19/8MWC 92-05-07B
SLF).
(2) As a consequence of the violation referred to in Part (1) above,
Special Equipment Operator D. R. Sconyers shall be allowed fortynine (49) hours' pay at the applicab
rate for the hours spent by the outside forces in the performance of
the work in question."
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.
Form 1 Award No. 32153
Page 2 Docket No. MW-31394
97-3-93-3-388
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
This dispute concerns an aspect of the Carrier's utilization of a contractor to
unload concrete cross ties. The aspect at issue is confined to whether or not the Carrier
is required to assign a Special Equipment Operator to assist. The Carrier did assign a
Foreman and Trackmen.
This identical issue, involving the same parties, was reviewed by the Board in
Third Division Award 31615. The Board finds the reasoning therein to be sound and
has no basis to reach a different conclusion.
AWARD
Claim denied.
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 13th day
of
August 1997.