Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37153
Docket No. MS-36534
04-3-01-3-18

The Third Division consisted of the regular members and in addition Referee Robert Perkovich when award was rendered.

(Herman Dixon
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former Missouri
( Pacific Railroad Company)

STATEMENT OF CLAIM:






Form 1 Award No. 37153
Page 2 Docket No. MS-36534
04-3-01-3-18

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.




Prior to March 1998 the Claimant was assigned to Gang 2232, an "on-line" gang with no fixed headquarters, but with work near Addis, Louisiana. At that time the Claimant learned that the Carrier intended to give Gang 2232 a fixed headquarters so he successfully exercised his seniority, only to rebid on his original position sometime thereafter. On June 26, 1998 the Carrier abolished that position due to a force reduction. At that time the Claimant bid on a position on Gang 2236, headquartered in Livonia, Louisiana, with advertised rest days of Thursday and Friday. The Claimant remained in that position on Gang 2236 at all material times herein.


The Claimant filed the instant claim in which he challenges the Carrier's change of headquarters for Gang 2232 and the subsequent rebulletin of that position to Gang 2236 with Thursday and Friday off. The Carrier replies that the claims are time-barred and, if not, should be dismissed on the merits.


The record reflects that the Carrier is correct that the claims were not tiled within the nine months required, but we disagree that that fact compels denial of all of the claims. Rather, only the claim that the Carrier could not change the Claimant's headquarters to Livonia, Louisiana, is barred. We reach this conclusion because the record shows that the claim relating to the change in the Claimant's days off survives by virtue of an agreement by the Carrier to extend the time limits

Form 1 Award No. 37153
Page 3 Docket No. MS-36534
04-3-01-3-18

for processing of that claim. Thus, we next move to consider the merits of that claim.


We conclude that this claim must also be rejected. The Board has held, including a decision on this property, that although there is a presumption or strong emphasis that Saturday and Sunday be employees' days off, the Carrier can utilize staggered workweeks so long as the reasons for doing so are operational requirements, including budget considerations relating to overtime pay. (See Third Division Award 30011.) Here, the Carrier argues that the schedule for the Livonia, Louisiana, gang met that standard because Gang 2236 was used to provide sevenday protection for the Livonia Hump Yard and because the gang that performed this work before the rebulletin did not have the equipment that was used by Gang 2236.








This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.



                      By Order of Third Division


Dated at Chicago, Illinois, this 25th day of August 2004.