Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 34985
Docket No. MW-32352
00-3-95-3-201
The Third Division consisted of the regular members and in addition Referee Robert
M. O'Brien when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE
:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned other than
Track Sub-Department forces to perform track work (unloading
crossties) at the Madison Railroad Yard, Madison, Illinois on March
15, 22, 31, April 7, 11, 13 and 15, 1994 (System File 1994-23/013-293
16).
(2) As a consequence of the violation referred to in Part (1) above,
Machine Operator R. Gower shall be allowed sixteen and one-half
(16.5) hours/pay at his time and one-half rate for all time expended by
the Carmen and Mechanical Department forces in the performance
of the work in question."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1
Page 2
Award No. 34985
Docket No. MW-32352
00-3-95-3-201
The material facts that led to this claim are not in dispute. On March 15, 22 and 31,
and on April 7,11,13 and 15, 1994, an Engine House Laborer and two Carmen unloaded
crossties from a flatbed truck at Madison Yard.
On April 22,1994, the Organization submitted a time claim on behalf of Claimant
R. Gower, a Machine Operator in the Carrier's Track Sub-Department. The Organization
alleged that by assigning the unloading of track material (crossties) to Carmen and to
employees from the Mechanical Department, the Carrier violated Rules 1, 2, 5, 7 and 13
of the Agreement governing Maintenance of Way Employes. The Organization requested
that the Claimant be allowed the 16.5 hours of overtime he was deprived of by this
violation.
The Rules cited by the Organization are all general in nature. They do not
exclusively reserve the work of unloading track material to employees of the Carrier's
Track Sub-Department. The Carrier asserts that the loading and unloading of track
material has been performed by several crafts and classes of employees on this property.
The Organization has not refuted the Carrier's assertion by demonstrating that
Track-Sub Department employees on this property have unloaded track material to the
exclusion of other crafts and classes of employees. Therefore, it has not proven that the
Claimant had the exclusive right to unload crossties from flatbed trucks in March and
April, 1994. The claim must be denied as a result.
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 20th day of September, 2000.