Forzu I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 415917
Docket No. MW-41585
13-3-NRAB-00003-110188
The
Third Division consisted of the regular members and in addition Referee
Brian Clauss when award was rendered.
(Brotherhood of Maintenance of Way Employes Division -
( IBT Rail Conference
(Union Pacific Railroad Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed to call Section
Gang 6113 employes W. Decker and P. Decker to perform overtime
duties of cleaning snow from switches and associated duties in the
yard at Pocatello, Idaho on December 13, 2009, and instead called
and assigned employes to the section gang headquartered in
Blackfoot, Idaho (System File C-0935U-157/1530325).
(2) As a consequence of the violation referred to in Part (1) above,
Claimants W. Decker and P. Decker shall now be compensated for
four and one-half (4.5) hours at their respective overtime rates of
pay,"
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. 41597
Page 2 Docket No. MW-41585
13-3-NRAB-00003-110188
Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The record evidence establishes that the Claimants held seniority on the section
gang headquartered at Pocatello Yard. The Carrier assigned employees from the
Blackfoot Gang to clean certain switches at the Pocatello Yard.
The Organization argues that the work should have been assigned to the
Claimants because they were members of the regularly assigned section gang on that
territory and were available to perform the overtime work. The Carrier counters that
the work at issue was on Main Line switches. As such, that work was properly assigned
to the Blackfoot Gang.
The Board carefully reviewed the record. The burden is on the Organization to
establish a violation of the Agreement. The Organization failed to establish a violation
of the parties' Agreement. The evidence establishes that the work at issue involved
Main Line switches. Accordingly, the work was properly assigned to the Blackfoot
Gang and not the Claimants' gang, which was headquartered in the Pocatello Yard.
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 24th day of April 2013.
