PUBLIC LAW BOARD No. 2366
AWARD NO. 54
DOCKET No. 68
PARTIES TO DISPUTE:
Illinois Central Gulf Railroad
and
Brotherhood of Maintenance of Way Employels
STATEMENT OF CLAIM
"That approximately 100 individuals performed work which comes
under the scope of the labor agreement in violation of the agreed
upon wage and seniority provisions."
OPINION OF THE BOARD
The Employer entered into agreements with approximately 100 individuals
regarding training to learn track laborer work. Based upon those understandings, the
Organization filed a claim.
The Organization asserts violations of its Scope Rule as well as the Seniority Rule
and the Rule dealing with increases in forces.
The Carrier argues that it merely trained certain individuals under the
presumption that they would be needed at a later time. Carrier denies that they did any
maintenance of way work while in training.
The Board has considered the record at length and we are unable to find that the
100 individuals performed any maintenance of way work while they were training. Thus,
they wouid~ not have performed work which should have been performed by individuals on
the furloughed list.
Certainly, should any non bargaining unit individual perform work covered by the
Agreement, (whether it be training or otherwise), the Employees' claim would be
considered in a different light. However, under the present record we are unable to
sustain the Claim.
FINDINGS
The Board, upon consideration of the entire record and all of the evidence finds:
The parties herein are Carrier and Employee within the meaning of the Railway
Labor Act, as amended.
This Board has jurisdiction over the dispute involved herein
The parties to said dispute were given due and proper notice of hearing thereon.
AWARD
Claim denied.
i
eph A. Slekl s
Ch man and Neutr Member
J. S. i bins H. G. liarper'
Car ier Member Organization Member
SEP 24 19&4
Date