Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32154
Docket No. BMW-31396
97-3-93-3-298

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:


STATEMENT OF CLAIM:






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29 and 30, 1991 instead of assigning the senior Repairman W.
Hayes to perform said work (System File NEC-BMWE-SD-3104).







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.
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This Division of the Adjustment Board bas jurisdiction over the dispute involved herein.




This dispute originated on the property as five separate claims, but they have been combined here because four of them are virtually identical, involving overtime on rest days, and one is similar although possibly distinguishable, involving overtime bevond the normal work hours.


The common thread is that overtime was assigned on various occasions to a Repairman junior to the Claimants, which the Organization argues is in violation of Rule 55(a), which reads as follows:




The dispute does not concern the Claimants' qualification, availability, or status senior to the employee assigned the work. The issue is limited to the designation of one Repairman, by posted bulletin, to "work in the field", as contrasted with the general Repairman work performed in shops. The Organization objected to reference to this in the Carrier's Submission by stating that the "carrier made no such assertion and argument during the handling of this dispute on the property."


The Board finds, however, that the "field" position WM discussed on the property. As one example, the appeal reply of the Director, Labor Relations in Case NEC-BMWESD-3162, stated in



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Awards have frequently interpreted "work ordinarily and customarily performed." Applicable here, by parallel interpretation, is Third Division Award 30685, involving the same parties. Award 30685 stated:





The five combined claims here, in their Statements of Claim, do not directly challenge the concentration of a Repairman on "field work" as contrasted to shop work. It follows that the assignment of "field work" overtime to the designated employee conforms with the "ordinarily and customarily performed" requirement.
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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.