Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36624
Docket No. MW-36238
03-3-00-3-451

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

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM:















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.
Form 1 Award No. 36624
Page 2 Docket No. MW-36238
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Claimants King, Knutie and Helgeson each established and hold seniority in the Maintenance of Way and Structures Department, B&B Subdepartment as Storage Facility Mechanics. The Claimants were assigned and working as such on the 7:00 A.M. to 3:00 P.M. shift at the Two Harbors Ore Docks when this dispute arose.


The record demonstrates that a "problem" was detected with a pulley on the main shiploader belt at Two Harbors. The pulley was scheduled for replacement by Maintenance o f Way S torage F acility Mechanics o n M ay 2 4, 1999. O n M ay 2 4, 1999, a crew of regularly assigned day shift mechanics, Messrs. Halvorson, Borgelt and Wick, was assigned the work of repairing the pulley at the beginning of their 7:00 A.M. shift and worked on the pulley repair assignment continuously until 11:00 P.M. to complete the pulley repairs. In the meantime, Claimants King, Knutie and Helegson also worked their regular day shift hours, but were assigned to performing a different set of tasks that did not require any overtime to complete.


Thereafter, on June 4, 1999, the Organization submitted a claim on behalf of Messrs. Klug, Knutie and Helegson, in which the General Chairman alleged that:





Form 1 Award No. 36624
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The Carrier asserts that, under the circumstances, the "plain language" contained in the Agreement supports its application of Rule 20(a). For its part, the Organization maintains that the "extenuating circumstances" require a "different application" of Rule 20. Specifically, the Organization argues that the senior crew rather than the junior crew should have been assigned to the pulley repair job at the outset because the Carrier knew in advance that overtime would be required to complete the pulley repair job. From this premise the Organization concludes that seniority o rder must g overn w ork a ssignments, s o t hat t he s enior a mployees w ill earn overtime anticipated to occur in conjunction with a straight time shift. The creative interpretation of Rule 20 urged by the Organization is not without logical appeal, but it is more properly addressed to the Carrier at the bargaining table than to the Board in an arbitration forum. In our considered judgment, the plain language of Rule 20(a) must prevail over such equitable arguments and requires a denial award in this case.

Form 1 Award No. 36624
Page 4 Docket No. MW-36238
03-3-00-3-451







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 29th day of July 2003.