Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32222
Docket No. MW-31294
97-3-93-3-356
The Third Division consisted of the regular members and in addition Referee W.
Gary Vause 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 (Penn Mechanical) to perform B&B
plumber's work, i.e., replacement of steam valves on Fan Nos. 30
and 31, at the 30th Street Station at Philadelphia, Pennsylvania on
April 9 and 10, 1992 (System File NEC-BMWE-SD-3144 AMT).
(2) The Carrier violated the Agreement when it assigned or otherwise
allowed outside forces (Penn Mechanical) to perform B&B
plumber's work, i.e., replacement of steam valves, at the 30th Street
Station at Philadelphia, Pennsylvania on April 13 and 14, 1992
(System File NEC-BMWE-SD-3143).
(3) The Agreement was further violated when the Carrier failed to give
the General Chairman advance written notice of its plans to
contract out the work described in Parts (1) and (2) above.
(4) As a consequence of the violations referred to in Parts (1) and/or (3)
above, B&B Plumbers J. Carr, J. Scheck and F. Lawler shall each
be allowed sixteen (16) hours' pay at their respective straight time
rates.
Form 1 Award No. 32222
Page 2 Docket No. MW-31294
97-3-93-3-356
(5) As a consequence of the violations referred to in Parts (2) and/or (3)
above, B&B Plumbers J. Carr, J. Scheck and F. Lawler shall each
be allowed sixteen (16) hours' pay at their respective straight time
rates."
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The Organization asserts that the Carrier violated the Agreement when, without
having given the General Chairman advance written notice of its intent to contract out,
it assigned outside forces (Penn Mechanical) to replace steam values at the 30th Street
Station at Philadelphia, Pennsylvania, on April 9, 10, 13 and 14, 1992. The claims seek
a total of 32 hours pay at the straight time rate on behalf of Claimants. J. Carr and J.
Scheck were employed as B&B Plumbers, and F. Lawler was employed as a Plumber
Foreman, all headquartered at 30th Street, Philadelphia, Pennsylvania, at the time of
the incident which led to these claims.
Other than the type and nature of work contracted out at the Carrier's 30th
Street Station, the arguments of the parties are the same as in Third Division Award
32220, including a challenge to this Board's authority to resolve the issue.
For the reasons set forth in that Award, this dispute is dismissed.
Form 1 Award No. 32222
Page 3 Docket No. MW-31294
97-3-93-3-356
AWARD
Claim dismissed.
ORDER
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 17th day of September 1997.