Form 1 NATIONAL RAILROAD
ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32913
Docket No. MW-31851
98-3-94-3-161
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier abolished B&B
Painter O. Johnson's position and thereafter, beginning December
30, 1992, assigned Painter Foreman T. Woynaroski to perform
painter's work instead of recalling and assigning a painter to
perform such work (System File BG684-93/TM-2-93).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant O. Johnson shall be recalled to service and compensated
at the applicable B&B painter's rate for all wage loss suffered as a
result of the Carrier assigning an employe in a higher classification
(foreman) to perform painter's work beginning December 30,1992
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.
Form 1 Award No. 32913
Page 2 Docket No. MW-31851
98-3-94-3-161
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The Board has been presented with Public Law Board No. 5905, Award 3
involving the same parties and Claimant. That Award addressed a claim where the
record showed an abolishment of Claimant's job effective January 3, 1992 as a result of
a reduction-in-force. That Award found:
"The record makes clear that, on this property, foremen are working
foremen and it has been the parties' long-standing practice to retain the
working foreman rather than the senior painter in a reduction-in-force.
Accordingly, we find that there was no violation. of the Agreement, in the
instant case."
This appears to be the same dispute. Award 3 has adjudicated this dispute. This
claim shall be denied.
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 23rd day of November 1998.