Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41424
Docket No. MW-40288
12-3-NRAB-00003-080095
The Third Division consisted of the regular members and in addition Referee
Andria S. Knapp when award was rendered.
PARTIES TO DIS,'
STATEMENT OF CLAIM:
{Brotherhood of Maintenance of Way Employes Division -
{ IBT Rail Conference
{BNSF Railway Company {former Burlington
( Northern Railroad Company)
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and
refused to compensate Messrs. S. Riehl, H. Doll, J. Beehler and
T. Jochim at the appropriate Bridge and Building Steel
Erection rates of pay for their work (remove/replace bolts,
angle iron, iron brackets and related work) on Bridge 196, a
steel span bridge crossing the Missouri River between Mandan
and Bismarck, North Dakota, on July 16, 2003 [System File BM-1138-H111-03-0243(MW) BNR].
(2) As a consequence of the violation referred to in Part (1) above,
Claimants S. Riehl, H. Doll, J. Beehler and T. Jochim shall now
each be compensated as follows:
`.
. . Claimant Riehl, receive
the difference in the rates of pay between that of B&B foreman,
520.65, and that of B&B Steel Erection Foreman, $21.49 for
eight (8) hours on July 16, 2003. We further request that
Claimants Doll, Beebler and Jochim, each receive the
difference in rates of pay, between that of their
assignments and that of Steel Erection Mechanic, $19.23, for
eight (8) hours on July 16, 2003."'
Form I
Page 2
FINDINGS:
evidence, finds that:
Award No. 41424
Docket No. MW-40288
12-3-NRAB-00003-080095
Third Division of the Adjustment Board, upon the whole record and all 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 facts of this claim about pay rates are not in dispute. The Claimants are
members of a district B&B crew headquartered at Mandan, North Dakota. On July
16, 2003, they were assigned to perform bridge repair work at Bridge 196, which
included four and one-half hours of structural work on the steel: removing steel rivets,
angle irons and brackets, enlarging the holes and replacing the rivets with LeJeune
bolts. According to the Organization, the work performed constituted steel erection
work and should have been paid as such. Instead, the Claimants were paid their
normal rates of pay. This claim was filed in protest.
In Third Division Award 40504 involving the parties to this dispute, the Board
held:
"Rule SSI describes the work of Steel Bridge and Building
Mechanic[s] to include `general structural erection, replacement,
maintaining, or dismantling of steel in bridges . . . [and] performance
of related bridge . . . work...' A specific pay rate is provided. Rule 44
- Composite Service states:
`An employee assigned by proper authority to perform service
on a higher rated position for one (1) hour or more shall be
paid the higher rate for the time assigned thereto; except that
when the time so engaged exceeds four (4) hours on one day
will be allowed the higher rate for the entire day . . . .'
Form 1 Award No. 41424
Page 3 Docket No. MTV-40288
12-3-NRAB-00003-080095
Consequently, the written Rules strongly support these particular
claims. The language seems to express a clear intent. The key is not the
crew name, but the duties assigned and performed. If higher rated
work that is designated Steel and Bridge Mechanic work lasts more
than one hour, it is to be paid for at the Steel and Bridge Mechanic
pay rate."
The Board's reasoning in Award 40504 is not palpably wrong; accordingly, the
Board is constrained to follow it. The Claimants worked more than four hours
performing higher rated work. Under Rule 44, they are entitled to be paid at their
respective higher rates of pay for the entire day.
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) be made. The Carrier is ordered to make
the Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 5th day of September 2012.