Form 1
PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33481
Docket No. MW-32474
99-3-95-3-245
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
(Union Pacific Railroad Company (former Missouri Pacific
( Railroad Company)
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the members of Gang 9162 were
sent home and not permitted to work their scheduled assigned hours
on March 9, 1994 (Carrier's File 940343 MPR).
(2) As a consequence of the violation referred to in Part (1) above, the
Claimants" listed below shall each be allowed five (5) hours pay at
their respective straight time rates.
*A. L. Walker
A. L. Patton
J. M. McGraw
D. G. Miller
R. L. Wright
J. C. Bailey
J. E. Eckerle
K. D. Jaster
G. R. Joyce
W. L. Bolton
T. J. Snell
R. F. Tesh
L. W. Weis
S. P. Baugh
G. D. Pointer
D. D. Engstrom
D. S. Eckert
W. T. Scofield
R. J. Vincent
C. A. Richardson
T. L. Estes
B. L. Cross
C. A. Daugherty
R. N. Rathbun
D. A. Dees
M. A. High
J. W. Tate
E. R. Glasgow
C. D. Schlesselman
M. A. Johnson
Form 1
Page 2
FINDINGS:
Award No 33481
Docket No. MW-32474
99-3-95-3-245
J. W. Hartline
T. W. Roblez
H. R. Buch
E. D. Harshman
J. M. Schneider
J. T. Norton
B. S. Titus
T. C. Radley
B. L. Gant
R. D. Ragan
S. N. Canchola
A. K. Mays
F. A. Brunk
B. M. Tate
A. D. Hood"
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.
Parties to said dispute were given due notice of hearing thereon.
On March 9, 1994, Claimants reported for duty at their regularly scheduled
starting time near Coffeyville, Kansas. However, they did not work their regular eight
hour shift; instead they were given a four hour call and sent home.
During handling on the property, Carrier advised that on the day in question it
had snowed four to six inches of fresh snow, that the Supervisor met with the Foremen
and the Foremen expressed several safety concerns, that the Supervisor and the
Foremen decided to discuss the issue during the gang meeting, that the gang members
expressed the same safety concerns, and that one of the Foremen convinced the
Supervisor that it was not safe to work under those conditions. At no time during
handling on the property did the Organization dispute the facts as stated by Carrier.
Rule 14, Section 2(c) provides an exception to the guarantee of eight hours pay
66
when due to inclement weather interruptions occur to regular established work period
Form 1
Page 3
Award No 33481
Docket No. MW-32474
99-3-95-3-245
preventing eight (8) hours work . . . ." The uncontroverted facts developed on the
property indicate clearly that the situation on March 9, 1994, fell within this exception.
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 22nd day of September 1999.