Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37154
Docket No. MW-36705
04-3-01-3-256
The Third Division consisted of the regular members and in addition Referee
Robert Perkovicb when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed to call and
assign Machine Operator T. Miller to
rill
the crane operator
position on the Keenan Section beginning November 23
through December 7, 1999 and instead assigned junior
employes K. Gunderson and/or T. Lucious (Claim No. 66-99).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant T. Miller shall now be compensated for eighty-eight
(88) hours' pay at the Group A-1 Crane Opertor's straight
time rate of pay and twenty-one (21) hours' pay at the
applicable 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. 37154
Page 2 Docket No. MW-36705
04-3-01-3-256
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
At all material times herein there was no employee holding the position of
Relief Crane Operator on the Carrier's Keenan section. Thus, when the regular
Crane Operator went on vacation and the Carrier assigned two Relief Laborers who
were junior to the Claimant, he filed the instant claim.
The record reflects that subsequent to the events giving rise to the instant
dispute the Claimant was removed from service and that the Board upheld his
dismissal when contested. Thus, we find, consistent with other authority under the
Railway Labor Act (e.g., Award 287 of Public Law Board No. 164 and Third
Division Award 23218) that under the circumstances it makes little sense to spend
valuable Board time and resources on this claim.
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 25th day of August 2004.