Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40993
Docket No. MW-41304
11-3-NRAB-00003-100165
The Third Division consisted of the regular members and in addition Referee Edwin
H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes Division -
( IBT Rail Conference
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former Missouri
( Pacific Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier abolished the truck
operator position (operating Truck #66748) held by Mr. D. Roach on
December 21, 2008 and then assigned Mr. A. Patrick to operate said
truck on December 22, 23, 26, 2008, January 3 through 11, 2009,
January 29 and 30, 2009 and continuing (System File UPLW-40209l1514627 MPR).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant D. Roach shall now be compensated for eight (8) hours' pay
at the truck operator's straight time rate of pay and at the applicable
overtime rate of pay for all overtime hours that Mr. A. Patrick was
assigned to the aforesaid truck operator position beginning December
22, 2008 and continuing and he shall be allowed the per diem in
connection with such assignment."
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. 40993
Page 2 Docket No. MW-41304
11-3-NRAB-00003-100165
This Division of the Adjustment Board has jurisdiction over the dispute involved
Parties to said dispute were given due notice of hearing thereon.
At the relevant time, the Claimant was assigned to Gang No. 7853. In that position,
the Claimant operated Grapple Truck No. 66748. On December 21, 2008, the Claimant's
position was abolished, putting the Claimant into furlough status. Commencing on
December 22, 2008, and intermittently on dates thereafter, Grapple Truck No. 66748 was
operated by A. R. Patrick, a member of Gang No. 7969.
The Carrier has the managerial right to abolish positions. There is nothing in this
record to suggest that the exercise of that right in abolishing the Claimant's position on
Gang No. 7853 was accomplished in an arbitrary manner. The fact that the Grapple Truck
which the Claimant formerly operated was utilized by the Carrier on an intermittent basis
on another gang and operated by Patrick does not change the result. In addition to the
Carrier's managerial right to abolish positions, the Carrier also has the managerial right to
use its equipment as it deems appropriate.
The claim lacks merit and, therefore, 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 20th day of July 2011.