PUBLIC LAW BOARD N0. 2206
PARTIES TO THE DISPUTE:
Brotherhood of Maintenance of Way Employees
and
Burlington Northern, Inc.
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when removing work
customarily, traditionally and by practice performed
by Track Sub-department employes at Willmar, :Minnesota,
commencing March 10, 1978, and continuously thereafter
by permitting contract forces to take over and perform
the work of cleaning cars without notification to
General Chairman Funk. (System File T-M-214C).
(2) That Claimants Ken Boehnke, David Myhre, Ed King,
L. Zeuse and John Evenson be allowed eight (8) hours
per day each at their respective straight time rate of
pay until violation referred to in part one (1) of
claim is discontinued."
OPINION OF THE BOARD:
The facts, parties, Agreement language, and theories of the parties
in this case are not distinguishable in any material aspect from those
already decided by us in Awards 8 and 20 of this Board. See also Award
3-22465. For reasons developed fully in the referenced Awards, this claim
likewise must be denied.
FINDINGS:
Public Law Board No. 2206, upon the whole record and all of the evidence,
finds and holds as follows:
1. that the Carrier and Employee involved in this dispute are, respectively, Carrier and Employee within the meaning of the Railway Labor Act;
2. that the Board has jurisdiction over the dispute involved herein;
and
3. that the Agreement was not violated.
AWARD
Claim denied.
Dana E. Eiac en, Chai
. K. nail, Carrier Member
F. H. Funk, Employee Member
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