Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 39345
Docket No. MW-37494
08-3-NRAB-00003-020576
(02-3-576)
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former Southern
( Pacific Transportation Company [Western Linesi)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (Charles Jones) to perform routine Track Sub-department
work (install rubber pads) for a crossing at Troy on the Truckee
District in the vicinity of Mile Post 184.90 on June 5, 2001
(Carrier's File 1281030 SPW).
(2) The Agreement was further violated when the Carrier failed to
provide the General Chairman with a proper advance written
notice of its intent to contract out the work in Part (1) above in
accordance with Article IV of the May 17, 1968 National
Agreement.
(3) As a consequence of the violations referred to in Parts (1) and/or (2)
above. Claimants P. H. Martinez, J. H. Martinez, R. V. Garcia, J. E.
Madrigal, D. G. Simpson, R. C. Canchola, J. L. Gomez, S. B. Bridi,
S. Waters and M. S. Seed shall now each be compensated for eight
(8) hours' pay at their respective straight time rates of pay."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 39345
Page 2 Docket No. MW-37494
08-3-NRAB-00003-020576
(02-3-576)
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.
The Board read the record carefully. We find the following: 1) there is no
evidence on this record that there is actually a crossing at the mile post listed (the
Carrier stated there is not, and the Organization failed to refute that statement); 2)
there is no evidence whatsoever that Carrier hired the individual in question, or even
knew the work alleged was being done; and 3) the question of whether such alleged
work might have fallen within the purview of the parties' Agreement is thus moot.
Accordingly the instant claim must be denied.
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 29th day of September 2008.