PUBLIC LAW BOARD N0. 2560
AWARD N0. 108
CASE N0. 151
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes
and
Chicago & North Western Transportation Company
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned other
than Maintenance of Way Forces to clean snow from
switches at Clinton,-Iowa or. March 17 and 18, 1°84.
(Organization File 3T-4583; Carrier File 81-84-182).
(2) Trackmen J. J. Gutierrez, N. Sandstoe, J. F. Keefe and
J. R. Sawvell shall each be allowed sixteen (16) hours
at the applicable time and one half rate.-
OPINION OF THE BOARD
This Board, upon the whole record and all of the evidence,
finds and holds that the Employe and Carrier involved in this
dispute are respectively Employe and Carrier within the meaning of
the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute involved herein.
The Organization claims that Rule l(A)(G) and (C) were violated when the Carrier used switch crews to remove snow from
switches.
PLB-2960 Award No. 108
It is well established that switch crews can remove snow from
switches without violating the kind of scope rule at issue here, if
the work is merely incidental to the operation of their particular
assignment.
In this respect, the Organization's argument suggests that the
switchmen were assigned to exclusively clean switches. The Carrier
denies this to be the case.
It is the opinion of the Board, that there.is no basis in this
record to reconcile the critical conflict in facts necessary to
resolve the claim. Accordingly, the claim must be dismissed for
lack of proof.
AWARD:
The Claim is dismissed. .
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