Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
.ward No. 32623
Docket No. MW-31230
98-3-93-3-268
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:
(l) The Agreement was violated when the Carrier posted Bulletin Nos.
SSM00229 (machine operator) and SSM00230 (machine operator
helper) as System Rail Gang positions instead of Division Rail Gang
positions and without posting the identification number of the
involved machine (Carrier's File 920315 MPR).
(2) As a consequence of the violation referred to in Part (1) above. the
Carrier shall cancel the bulletins as advertised and re-bulletin them
to the respective Division forces with the proper machine
identification number."
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 11, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Form 1 Award No. 32623
Page 2 Docket No. MW-31230
98-3-93-3-268
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.lune 1998.