Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32698
Docket No. MW-31343
98-3-93-3-354
The Third Division consisted of the regular members and in addition Referee
Edwin H. Berm 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 Carrier violated the Agreement when it assigned Maintenance
of Equipment Department employes instead of B&B plumbers to
perform daily maintenance and repair work on the Race Street
oil/water separator equipment beginning on April 6, 1992 and on a
continuing daily basis thereafter (System File NEC-BMWESD-3146 AMT).
(2) As a consequence of the aforesaid violation, B&B Plumbers S.
Tiberi and F. Lawler shall each be allowed two (2) hours' pay at
their respective rates for each workday beginning on April 6, 1992
and continuing until the violation ceases."
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 I Award No. 32698
Page 2 Docket No. MW-31343
98-3-93-3-354
Parties to said dispute were given due notice of hearing thereon.
As Third Party in Interest, The American Railway and Airway Supervisors
Association (ARASA) was advised of the pendency of this dispute, but chose not to file
a Submission with the Board. As Third Party in Interest, the International Association
of Machinists and Aerospace Workers (LAM) was advised of the pendency of this dispute
and chose to file a Submission with the Board.
On April 2, 1992 a new oil-water separator at Race Street in Philadelphia became
operational. The new separator was constructed by B&B forces and replaced the
former separator.
The new separator utilized new technology involving filters instead of baffles. The
new technology required daily activities such as washing and changing the filters and
adding chlorine to the system.
Those daily activities were assigned to M of E employees represented by ARASA
and [AM. This claim on behalf of B&B Plumbers followed.
The Organization asserts that the work in dispute is maintenance work accruing
to B&B Plumbers. The Carrier asserts that the new technology requires more functions
in terms of operations, which have always been performed by M of E forces.
The burden in this case is on the Organization. The new separator is more
complex than the equipment it replaced. The Organization has not carried its burden
to demonstrate that the disputed work is maintenance to be performed by B&B
Plumbers as opposed to operations work performed by M of E employees. The claim
must therefore be denied.
AWARD
Claim denied.
Form 1 Award No. 32698
Page 3 Docket No. MW-31343
98-3-93-3-354
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 19th day of August 1998.