Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32157
Docket No. :MW-31399
97-3-93-3-363
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:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OE CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned or otherwise
allowed outside forces to perform B&B mechanic's work refinishing
bronze radiator covers at the 30th Street Station at Philadelphia,
Pennsylvania beginning on March 31, 1992 and on a continuing
daily basis thereafter (System File NEC-BMWE-SD-3150 AMT).
(2) The Agreement was further violated when the Carrier failed to give
the General Chairman advance written notice
of
its plans to
contract out said work.
(3) As a consequence
of
the violations referred to in Parts (1) and/or (2)
above, B&B Mechanics P. Lavelle and T. Finizio shall each be
allowed eight (8) hours' pay at their respective straight time rates
for each workday beginning on March 31, 1992 and continuing until
the violation ceases."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 32157
Page 2 Docket No. MW-31399
97-3-93-3-363
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.
Parties to said dispute were given due notice of hearing thereon.
Except as to date, Claimants, and type of work, this dispute is identical to that
reviewed by the Board in Third Division Award 32156, and the Board reaches the same
conclusion.
AWARD
Claim dismissed.
ORDE
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimants) be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, IBInois, this 13th day
of
August 1997.
I