Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 45237 Docket No. MW-46446
24-3-NRAB-00003-200683
The Third Division consisted of the regular members and in addition Referee Melinda Gordon when award was rendered.
(Brotherhood of Maintenance of Way Employes Division – (IBT Rail Conference
(BNSF Railway Company STATEMENT OF CLAIM:
“Claim of the System Committee of the Brotherhood that:
The Agreement was violated when the Carrier improperly bulletined an insulated joint change out gang (TRWX 2535) via Bulletin Tl90IE- 05 as a Welding Gang instead of bulleting said gang as a Section Gang (System File 2412-SLA56-19l/14-19-0195 BNS).
As a consequence of the violation referred to in Part (1) above, Claimants L. McClure, B. Case and V. Littlecreek must now ‘*** be paid 184 hours straight time plus any and all overtime worked by TRWX 2535 during the dates of Jan 28, 2019 through Feb 28, 2019.’”
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. 45237
Page 2 Docket No. MW-46446
24-3-NRAB-00003-200683
Based on a review of the record, the Board concludes that the Organization has failed to maintain its burden of proof.
Claim denied.
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 28th day of March 2024.