Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 41474
Docket No. MW-40940
12-3-NRAB-00003-090240
The Third Division consisted of the regular members and in addition Referee
Patrick Halter when award was rendered.
(Brotherhood of Maintenance of Way Employes Division -
( IBT Rail Conference
PARTIES TO DISPUTE:
(CP Rail System/Delaware and Hudson Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned outside
forces (Railworks) to perform Maintenance of Way work (track
construction) between Mile Posts 148.6 and 150.7 on the Canadian
Main Line in Chesterfield, New York beginning on October 1, 2007
and continuing (Carrier's File 8-00598 DHR).
(2) The Agreement was further violated when the Carrier failed to
comply with the notice requirements regarding its intent to
contract out the aforesaid work or make a good-faith effort to
reduce the incidence of subcontracting and increase the use of
Maintenance of Way forces as required by Rule 1 and Appendix H.
(3) As a consequence of the violations referred to in Parts (1) and/or
(2) above, Claimants W. Barcomb, Sr., R. Lindsay and P. Jerdo
shall now each be compensated for one hundred eighty-four (184)
hours at their respective straight time rates of pay and for one
hundred and twenty-six (126) hours at their respective time and
one-half rates of pay, Claimants J. Reightmeyer, T. Aurilio, T.
Vincelette and W. Pelkey shall now each be compensated for one
hundred twenty (120) hours at their respective straight time rates
of pay and for ninety (90) hours at their respective time and onehalf rates of pay, Claimant K. Bigelow shall now be compensated
for one hundred four (104) hours at his respective straight time
Form 1
Page 2
FINDINGS:
Award No. 41474
Docket No. MW-40940
12-3-NRAB-00003-090240
rate of pay and for eighty-six (86) hours at his respective time and
one-half rate of pay, Claimant E. Sawyer shall now be
compensated for seventy-two (72) hours at his respective straight
time rate of pay and for fifty-eight (58) hours at his respective time
and one-half rate of pay, Claimant F. Lipka shall now be
compensated for sixty-four (64) hours at his respective straight
time rate of pay and for fifty-six (56) hours at his respective time
and one-half rate of pay, Claimant J. Keable shall now be
compensated for thirty-two (32) hours at his respective straight
time rate of pay and for forty-eight (48) hours at his respective time
and one-half rate of pay, Claimant K. Sweat shall be compensated
for twenty-four (24) hours at his respective straight time rate of
pay and for twenty-six (26) hours at his respective time and onehalf rate of pay and Claimants D. Turner, W. Gadway and T.
Conley shall now each be compensated for sixteen (16) hours at
their respective straight time rates of pay and for twenty-four (24)
hours at their respective time and one-half rates of pay."
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.
Parries to said dispute were given due notice of hearing thereon.
This claim addresses the track construction portion of the Rockland Siding
Project.
In Third Division Award 41446, the Board sustained the Organization's
companion claim concerning the excavation and grading portions of the Rockland
Siding Project.
Form 1 Award No. 41474
Page 3 Docket No. MW-40940
12-3-NRAB-00003-090240
The instant claim and its issues are materially similar to, if not the mirrorimage of, the claim and issues adjudicated by the Board in Award 41446. For the
reasons set forth in detail in that Award, the instant claim is likewise sustained.
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 13th day of December 2012.