Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36616
Docket No. MW-34917
03-3-98-3-644

The Third Division consisted of the regular members and in addition Referee Dana E. Eischen when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM:



























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rate of pay they received and the appropriate steel bridge rates of
pay they were entitled to for that period of time.



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.


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Claimant R. D. Iwen established and holds seniority as a B&B Foreman, Claimant G. D. Day established and holds seniority as an Assistant B&B Foreman, Claimant J. M. Engebregsten established and holds seniority as a B&B Carpenter and Claimants M. C. Trousil and A. D. Launderville established and hold seniority as Truck Operator in the Bridge and Building Subdepartment. In the instant claims, these Claimants assert that the Carrier violated Rule 2 Classification of Work, Rule 3 Seniority Sub-department Limits and Rule 33 Composite Service when it failed and refused to compensate them at the higher Group 2 rate of pay for certain work they performed in dismantling and repairing steel bridges during May, June and July 1997.


The Agreement Rules cited by the Organization in support of the claims read, in pertinent part, as follows:






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miscellaneous mechanic's work of this nature, is classified as a
bridge and building carpenter.























The Parties do not dispute the fact that employees holding seniority and/or performing iron or steel work within Group 2 of the B&B Subdepartment are entitled to a higher rate of pay than those in Group 1 of the B&B Subdepartment, in accordance with Appendix H of the Agreement. On May 20, 1997, B&B Foreman Iwen, Assistant B&B Foreman Day, B&B Carpenter Engebregsten and Truck Operator Trousil were assigned by Structures Supervisor C. E. Phillips to perform the work of removing a steel span from Carrier Bridge 120.23 located on the new main track in the Carrier's rail yard at Glenwood, Minnesota. The work of dismantling and removing that steel span from Bridge 120.23 included cutting the

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bolts and braces to properly remove the span. During the month of June 1997, Claimants Iwen, Day, Engebregsten and Launderville were assigned to and performed the work of changing gusset plates, installing lateral bracing, removing loose rivets and replacing those rivets with hytensil bolts on Bridge 82.76 on the Paynesville Subdivision. On July 23, 1997, Claimants Iwen, Engebregsten and Launderville continued performance of the work of removing steel spans from Bridge 120.23 on Old Main Track and Passing Track in the Glenwood Yard at Glenwood, Minnesota.


For the time they expended in performing such work on these steel bridges in May, June and July 1997, the Carrier compensated the Claimants at the Group 1 rate. In the instant claims, they assert their entitlement under Rule 33, supra, to the higher Group 2 rate. We are persuaded that these claims are well-founded in the facts of record and in the clear contract language. The Agreement describes the character of the steel work for which the Agreement provides a special higher rate of pay and the record shows that the structural steel dismantling and replacement work performed by the Claimants in this case plainly fell within the description of "dismantling of steel in bridges . . . and related bridge and building iron work, such as riveting and rivet heating and bolting."








This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


Dated at Chicago, Illinois, this 29th day of July 2003.