Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32441
Docket No. MW-31254
98-3-93-3-261
The Third Division consisted of the .regular members and in addition Referee
John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned Foreman
R. R. Henry to perform welder helper's work (burning and cutting
bolts and rail) in the Conway Yard, Conway, Pennsylvania on
October 21, 22, 23 and 24, 1991, instead of assigning cutback
Welder Helper G. Little to perform said work (System Docket MW2442).
(2) As a consequence of the violation referred to in Part (1) above,
Welder Helper G. Little shall be allowed `... ten (10) hours pay for
days listed, all overtime, credit for the days and months and to be
made whole."'
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.
Form 1 Award No. 32441
Page 2 Docket No. MW-31254
98-3-93-3-261
Parties to said dispute were given due notice of hearing thereon.
On the four dates involved in this claim, Carrier utilized Timber Gang Foreman
R R Henry to perform a limited amount of cutting and burning duties in connection
with a rehabilitation project at No. 5 Hump, Conway Yard, rather than recall Claimant,
a furloughed Welder - Helper for the work. Carrier contends that it was privileged,
under Rule 19 of the Agreement, to use the Foreman for this work on a temporary basis,
as it was within the range of his ability.
The Board concludes that the Agreement was not violated when the Timber Gang
Foreman was temporarily assigned tasks of cutting and burning in addition to his
Foreman responsibilities. Carrier was privileged to make such a temporary assignment
of additional duties, by the explicit language of Rule 19. The claim is without merit. It
will be denied.
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 21st day of January 1998.