Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36591
Docket No. MW-35650
03-3-99-3-585
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:
(Burlington Northern Santa Fe Railway
( (former Burlington Northern Railroad Company)
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned Machinist D.
Gelispy to perform routine maintenance on roadway equipment and
machines assigned to Region Steel Gang RP-31 beginning April 1,
1996 and continuing, instead
of
assigning Roadway Equipment
Repair Shop Sub-department mechanics (System File S-P-5660/MWB 96-08-15AC BNR).
(2) As a consequence
of
the violation referred to in Part (1) above, all
the Roadway Equipment Repair Shop Sub-department Rank B
Mechanics*, including but not limited to those listed below, on the
applicable Vancouver Shop Seniority Roster, shall now each receive
compensation amounting to an equal proportionate share
of
all
straight time and overtime paid to Machinist D. Gelispy beginning
April 1, 1996 and continuing until the violation stops.
C. N. Dykman, Jr. J. D. Morgan
A. L. Cassell W. B. Golie
L. L. Leo J. B. Nugent
E. A. Meldrum R. S. Fouts
H. N. Samples S. J. Brunelle
M. A. La Plaunt R. E. Treser
K. O. Schroeder T. J. Powrie
R. R. Wodarz W. K. Tieman
Form 1 Award No. 36591
Page 2 Docket No. MW-35650
03-3-99-3-585
G. R. Williams B. S. McLean
F. A. Highfill G. E. Williams
T. N. Tsohonis R. C. Owen
R. F. Nicol J. Y. Ruiz
M. R. Rau"
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.
As Third Party in Interest, the International Association
of
Machinists and
Aerospace Workers was advised
of
the pendency
of
this dispute and chose to file a
Submission with the Board.
On April 30, 1996, the Organization filed a claim on behalf of all currently
assigned Rank B Traveling Equipment Maintainers at the Vancouver roadway
equipment repair shop.
It is the Organization's position that the Carrier violated the 1982 Labor
Agreement when it assigned a mechanic represented by the International Association
of
Machinists and Aerospace Workers (LAM) to perform maintenance on roadway
equipment machinery used by Regional Steel Gang RP-31. The Organization contends
that this work is reserved to Traveling Equipment Maintainers by the 1983Agreement.
The Organization requested that Rank B Traveling Equipment Maintainers at the
Vancouver shop be made whole for this lost work opportunity beginning April 1, 1996
and continuing.
Form 1 Award No. 36591
Page 3 Docket No. MW-35650
03-3-99-3-585
The Board in Third Division Award 36590 addressed the precise issues raised by
this claim. In that Award we concluded that the April 6, 1987 tri-partite Memorandum
of Agreement, the so-called "Twin Cities Agreement," allowed the Carrier to assign both
IAM-represented employees and BMWE-represented employees to Regional Gangs on
the Twin Cities Region. For the reasons set forth in that Award, we find that the
Carrier had the right to assign an IAM-represented Machinist to repair roadway
equipment used by Regional Steel Gang RP-31. The instant claim is 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 16th day of June :003.