Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32622
Docket No. MW-31229
98-3-93-3-269
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:
(Union Pacific Railroad Company (former Missouri
( Pacific Railroad)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier posted Bulletin Nos.
SST00257 (trackman/driver), SST00258 (trackman), SST00260
(trackman/driver) and SST00261 (trackman) as System Rail Gang
positions instead of Division Rail Gang positions (Carrier's File
920316 MPR).
(2) The Agreement was violated when the Carrier posted Bulletin Nos.
SSFOO128 (track foreman), SST00253 (trackman/driver) and
SST00254 (trackman) as System Rail Gang positions instead of
Division Rail Gang positions (Carrier's File 920323 MPR).
(3) As a consequence of the violations referred to in Parts (l) and/or (2)
above. the Carrier shall cancel the bulletins as advertised and rebulletin them to the respective Di
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence. finds that:
Form 1 Award No. 32622
Page 2 Docket No. MW-31229
98-3-93-3-269
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.
At issue in this dispute is the right of the Carrier to bulletin certain positions as
System Gang positions rather than Division Gang positions. Many, if not all of the
arguments advanced by the Organization in support of its claim were disposed of in
denial Third Division Awards 29977, 30086 and 30087, involving these same parties.
The Board does not find the three denial Awards to be in palpable error. The
claim involved here will be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above. hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois. this 23rd day of June 1998.