Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32644
Docket No. MW-31889
98-3-94-3-182
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin 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 assigned Store Room
Clerk T. Scott to perform Maintenance of Way work at the Panel
Plant beginning July 27, 1992 and continuing instead of advertising
an assistant foreman's position and assigning such work to a
Maintenance of Way employe (Carrier's File 930018 MPR).
(2) As a consequence of the violation referred to in Part (1) above, Mr
C. A. Barnes shall compensated (sic) for `. . . all wage loss suffered
at the aanropriate Asst. Foreman rate, from Monday July 27, 1992,
to continue, until such time said position is bulletined and assigned
to the Assistant Foreman classification within the BMWE.'
(Underscoring in original)."
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.
Form 1 Award No. 32644
Page 2 Docket No. MW-31889
98-3-94-3-182
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
As Third Party in Interest, the Transportation Communications International
Union was advised
of
the pendency
of
this dispute and chose to file a Submission with
Board.
The instant claim involves the Organization's claim that work assigned
is
Storeroom Clerk was work that should have been assigned to an Assistant Forem:.
The work involves checking material in gondola cars, filling out material transfer slips,
ordering track material and components, ordering supplies and keeping inventory at the
Panel Plant. The Organization had the burden
of
proving that members of its craft had
performed this work exclusively. The record, however, demonstrates that the work in
question had been performed by the Storeroom Clerk. a TCU-represented employee, for
at least six years. Accordingly, the claim must be denied.
We note that Carrier also argued that the claim was not timely. Because we deny
the claim on its merits, we do not consider the timeliness issue.
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 20th day
of July 1998.