Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33625
Docket No. MW-32415
99-3-95-3-298
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:
(New Orleans Public Belt Railroad
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier improperly withheld
Messrs. C. Wilkerson, J. Miles, P. H. Schielder, R. Parnell, D. J.
Sims and C. B. Washington from performing service during their
regularly scheduled workdays on March 28, April 21, 22 and May
10, 1994 (System File MW-94-1-NOPB).
(2) As a consequence of the violation referred to in Part (1) above, the
Claimants shall each be compensated at their respective rates of pay
for all hours they were improperly withheld from service on the
days in question and each shall be allowed four (4) days' credit for
vacation qualification purposes."
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 1
Page 2
Award No. 33625
Docket No. MW-32415
99-3-95-3-298
Parties to said dispute were given due notice of hearing thereon.
The Claimants are Bridge Painters who, on the dates at issue, were assigned to
the Huey P. Long Bridge, which spans the Mississippi River in the New Orleans
metropolitan area. During handling on the property, the Carrier advised that on March
28 and April 21 it rained and the bridge was so wet that no bridge employees performed
maintenance duties on the bridge. The Carrier further advised that on April 22 and
May 10 the bridge was too wet to work on at the 7:00 A.M. start of the shift and, in
keeping with traditional practice, the Claimants were advised to check back later to see
if conditions had improved. On May 10 none of the Claimants checked back. On April
22 one Claimant checked back and the bridge conditions had improved to the point
where work could commence, but for safety reasons the Carrier did not permit a single
employee to work alone.
Rule 19 provides in relevant part, "When . . . due to inclement weather,
interruptions occur to regular established work period preventing eight (8) hours work,
only actual hours worked or held on duty will be paid for ...." During handling on the
property, the Organization offered no evidence to contradict the Carrier's position that
on the days in question the bridge was too wet to begin work safely. Accordingly, based
on the record developed on the property and Rule 19, the claim must 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 16th day of November 1999.