Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 39861
Docket No. MW-38779
08-3-NRAB-00003-050182
(05-3-182)
The Third Division consisted of the tear members and in addition Referee
Brian. Clauss when award was rendered.
(BNSF Railway Company (former Burlington
( Northern Railroad Company)
PARTIES TO DISPUTE: (
(Brotherhood of Maintenance of Way Employes Division
( IBT Rail Conference
STATEMENT OF
CLAIM:
"We are Ming a continuing claim on behalf of Seniority District 200
Roadway Equipment Group 2 machine operators T. F. Roll, R. A.
West, T. B. Rakes, T. O. Kinsey, R. J. Thilmony, M. V. Renner, L.
R. Aichele, A. L. Johnson, N. H. Singer, R. P. Recker and A. M.
Schwindt, District 200 B&B Foreman S. Riehl, J. M. Sullivan and
First Class Carpenters L. G. Belden, H. L. Doll, J. G. Beehler,
District 200 Mobile B&B Crew Employes Foreman L. L. Waterson,
Assistant Foreman L. D. Hofer, First Class Carpenters J. F. Siegel,
T. Roma, R. L. Kellogg, L. P. Hibl, L. K. Roberts, Foreman D. D.
Marchiando, First Class Carpenters D. O. Lode, C. T. Jordan, and
J. L. Writht, Water Service Employes R. O. Barth #456505-7, T. J.
Kreitinger #447986-1, and T. D. Jochim #457009-9 for a violation of
the current Agreement between the Brotherhood of Maintenance of
Way Employes and Burlington Northern Railroad beginning on
May 10, 2000.
On claimed date, the Carrier hired subcontractors to perform work
that is customarily performed by the Maintenance of Way.
Beginning on May 10, and continuing, various outside contractors,
Form 1 Award No. 39861
Page 2 Docket No. MW-38779
08-3-NRAB-00003-050182
(05-3-182)
including but not limited to Chief Construction, Northwest
Contracting, Jem Construction and Westcon were hired by the
Carrier to perform construction of water and fuel lines in the
Mandan Yard. Machine operators with crawler excavators, front
end loaders and tractor backhoes are being used to install
underground water and fuel lines in the Mandan Yard running from
the east and west end fueling stations to the site of a new building
under construction near the former roundhouse area. A total of
eight men assisted by five machine operators are performing the
work.
Because of this violation, we are requesting that Claimants receive
an equal and proportionate share of all hours expensed by the
outside contract forces performing the claimed work in the Mandan
Yard, beginning May 10, and continuing until they are removed
from the Carrier's right of way. Pay is to be at Claimants'
respective rates of pay. Carrier File: 11 000387, Organization File:
TD-2069-I-I."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 39861
Page 3 Docket No. MW-38779
08-3-NRAB-00003-050182
(05-3-182)
There is no case before the Board because it was withdrawn by the party that
initially filed the claim on the property. See Third Division Awards 30700 through
30714.
AWARD
Claim dismissed.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of July 2009.