Form 1
PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 34018
Docket No. MW-31573
00-3-93-3-578
The Third Division consisted of the regular members and in addition Referee
Martin F. Scheinman when award was rendered.
(Brotherhood of Maintenance of Way Employes
(Burlington Northern Santa Fe Railway Company
( (former St. Louis - San Francisco Railway Company)
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned or
otherwise permitted Truck Driver K. Moore and Track Foreman
C. Campbell or Roadmaster J. Wescott to perform track patrol
work between Nichols, Mile Post 242 and Monett, Mile Post 283 on
May 16, June 13 and 14 and July 4 and 5, 1992 instead of assigning
Patrol Gang 442 (Track Foreman R. D. Long and Trackman Driver
G. D. Jackson) (System File B-1495-4BMWC 92-08-05A SLF).
(2) As a consequence of the violation referred to in Part (1) above,
Track Foreman R. D. Long and Trackman Driver G. D. Jackson
shall each be allowed twenty (20) hours' pay at their respective time
and one-half rates."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
herein.
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
Form 1
Page 2
Award No. 34018
Docket No. MW-31573
00-3-93-3-578
Parties to said dispute were given due notice
of
hearing thereon.
This case involves a claim by the Organization that the Carrier violated Rule
62(m)
of
the Agreement by assigning Track Gang 445 to perform track patrol work on
the territory
of
Track Gang 442 on the latter Gang's rest days. The claim is identical
in all respects, except for dates
of
the alleged violations, to claims raised before the
Board in Third Division Awards 31136, 31670 and 31677. Each involves the same
Claimants, gangs, issues, arguments and Agreements.
We therefore find no basis in the record to deviate from the Board's prior
Awards. Accordingly, we find that for the reasons stated in those Awards, the
Organization failed to meet its burden
of
proving that the actions
of
the Carrier are
prohibited by the Agreement.
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 19th day of April, 2000.