Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32159
Docket No. BMW-31411
97-3-93-3-365
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 OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned or otherwise
allowed outside forces (George Hyman Company) to construct a
wall next to the McDonald's in the South Arcade at the 30th Street
Station at Philadelphia, Pennsylvania on March 26, 27, 30, 31, April
1, 2 and 3, 1992 (System File NEC-BMWE-SD-3147 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 aforesaid violations, B&B Mechanics T.
Fmizio, J. Rocco and P. Lavelle shall each be allowed fifty-six (56)
hours' pay at their respective straight time rates."
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. 32159
Page 2 Docket No. MW-31411
97-3-93-3-365
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.
QBQEB
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.