Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32311
Docket No. MW-31430
97-3-93-3-424
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:
(Southern Pacific Transportation Company
( (Eastern Lines)
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (W.E. Byler) to perform routine track maintenance work
(cleared the right
of
way, regulated the track, spread rock on both
sides
of
the siding and Main track, cleared a drainage ditch and
mowed along the right
of
way) on the Old Bellaire Sub at West
University between Wakeforest and Weslayan Drive on Westpark
Drive and on the Double Main on April 21 through 28, 1992
(System File MW-92-116/MofW 92-149 SPE).
(2) The Agreement was further violated when the Carrier failed to
furnish the General Chairman with advance written notice
of
its
intention to contract out said work as required by Article 36.
(3) As a consequence of the violations referred to in Parts (1) and/or (2)
above, furloughed Machine Operators R. A. Morales, R. E.
McKinley, R. L. Dlabaj, O. Gillum, S. P. Resendez, E. Rodriquez,
W. H. Green, M. H. Abrego and R. R. Lackey shall each be allowed
forty-eight (48) hours' pay at their straight time rates of pay and
twelve (12) hours' pay at their time and one-half rates of pay with
six (6) days' credit for vacation purposes."
Form 1 Award No. 32311
Page 2 Docket No. MW-31430
97-3-93-3-424
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.
Except as to the type of maintenance of way work involved, this Claim is identical
to that reviewed in Third Division Award 32308, and the Board reaches the same
conclusion as in that Award.
AWARD
Claim denied.
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 13th day of November 1997.