Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32420
Docket No. MW-32143
98-3-94-3-489
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former
( Western Pacific Railroad)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned Bridge and
Building forces to perform Track Subdepartment work (snow
removal from switches and railroad right
of
way) throughout the
Feather River Division including right
of
way main line east of
Portola, California, including the Reno Branch trackage beginning
December 29, 1992 through January 8,1993 (Carrier's File 930273
WPR).
(2) As a consequence of the violation referred to in Part (1) above, the
Claimants listed below shall each be compensated at their
respective and applicable rates of pay for an equal proportionate
share of the total man-hours expended by the B&B forces in the
performance of the work in question during the period claimed.
*13. W. Powell
J. L. Day
D. J. Morrison
A. G. Davis
M. J. Porter
V. M. Pinedo
E. E. Mayle
W. A. Steep
E. R. Cabrera
D. M. Floyd
A. S. Garcia
D. N. Glover
C. W. Ridenour
S. V. Burns
S. G. Fernandez
A. C. Rodriguez
Form 1
Page 2
Award No. 32420
Docket No. MW-32143
98-3-94-3-489
B. J. Roberts
P. S. Estrada
L. Z. Flores
B. S. Estrada
V. S. Ortega
M. M. Cervantes
B. Mendoza
R. Davila
D. G. Begaye"
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.
Heavy snows during late December 1992 and early January 1993 in the Feather
River Division area caused interruption
of
service; the closing
of
Highway 70; the
declaration
of
a state
of
emergency by the Governor
of
California; and the calling out
of
the National Guard. In order to get track opened, the Carrier utilized available
employees in the area to engage in snow removal and related operations. This claim
followed.
The Carrier has demonstrated the existence
of
an emergency. It is wellestablished that in emergency situations the Carrier has latitude to use its
the assignment
of
forces. Third Division Awards 28683, 28643, 28142, 10965. That
doctrine applies in this case.
AWARD
Claim denied.
Form 1 Award No. 32420
Page 3 Docket No. MW-32143
98-3-94-3-489
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 21st day of January 1998.