Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32519
Docket No. MW-31604
98-3-93-3-612
The Third Division consisted of the regular members and in addition Referee
Martin F. Scheinman 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 Agreement was violated when the Maintenance of Way
repairmen assigned to all Rule 89, 90A and 90B Gangs and who
were transported via Maintenance of Way vehicles to and from the
work site were not properly compensated for the time spent
traveling to and from the designated work site beginning July 28,
1992 and on a continuing daily basis thereafter (System File NECBMWE-SD-3177 AMT).
(2) As a consequence of the violation referred to in Part (I) above:
`.
. . all such MW Repairmen on the above
referenced gangs who are and have been driven in
MW Repair and/or other vehicles to and from the job
site to and from their camp cars or motels be
compensated as follows:
1. half time at the MW Repairman rate for all
hours since July 28, 1992 in which such
Repairmen received straight time pay when
travelling to and from the job site to and from
the camp cars or motels when such traveling
occurred in excess of the normal ten hour day;
and
Form 1 Award No. 32519
Page 2 Docket No. MW-31604
98-3-93-3-612
2. time and one half at the MW Repairman rate
for 1/2 hour per day for each day since July 28,
1992 in which such NtW Repairmen rode to
and from the worksite to and from the camp
cars and motels as passengers in which such
Repairmen were not paid one half hour per day
of travel time."'
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 for factual differences pertaining to the specifics of the claim brought by
the Organization, this dispute involves the identical question and identical issues decided
by the Board in Third Division Award 32518. Given our decision in that case, we see
no basis and no need for addressing the specific facts contained herein. Accordingly, the
claim presented herein is dismissed.
AWARD
Claim dismissed.
Form 1 Award No. 32519
Page 3 Docket No. MW-31604
98-3-93-3-612
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 25th day of March 1998.