Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36296
Docket No. MW-36440
02-3-00-3-709
The Third Division consisted of the regular members and in addition Referee
Margo R. Newman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to call and
assign B&B Foreman M. Lancianese and B&B Mechanics M.
Bremer and D. Provence on July 17 and 18, 1999 and instead
assigned junior employees to perform overtime service (drywall,
ceiling tile and painting work) at the West Yard Training Center
in Wilmington, Delaware (System File NEC-BNIWE-SD-3979
AMT).
(2) As a consequence of the violation referred to in Part (1) above,
Claimants M. Lancianese and D. Provence shall now each be
compensated for thirty-two (32) hours' ,ay at their respective time
and one-half rates of pay and Claiman_ M. Bremer shall now be
compensated for thirty (30) hours' pay at his respective time and
one-half rate of pay."
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. 36296
Page 2 Docket No. MW-36440
02-3-00.3-709
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
This claim raises the issue of whether the Carrier's assignment of rest day
overtime service installing drywall, painting and installing drop ceiling tiles in the new
West Yard Training Center to a B&B Foreman and Mechanics less senior than the
Claimants, violates their seniority rights. The Claimants and the junior employees
assigned the overtime were regularly headquartered at Wilmington Station, not at the
West Yard Training Facility where the overtime work was performed. The Claimants
were members of Maintenance Gang C-122; the junior employees assigned the overtime
were members of the Wilmington Station Construction Gang which falls under the
same responsibility Center, the same supervisor and manager, and within the same
zone as the West Yard Training Facility employees.
Except as to date, the Claimants, and specific type of work, this dispute is
identical to that reviewed by the Board in Third Division Award 36295, and the Board
reaches the same conclusion.
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 28th day of October 2002.