.o-

NATIONAL MEDIATION BOARD

PUBLIC-LAW BOARD N0. 4370


BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

and

BURLINGTON NORTHERN RAILROAD COMPANY





                    STATEMENT OF CLAIM


      The Carrier violated the provisions of the - current Agreement, particularly but not restricted to Rules 19 when without agreement with the General Chairman it arbitrarily changed the assigned hours for Mr. C. E. Criddle on May 1, 2, 3, and 5, 1989.


      The Carrier will now be required to compensate Claimant at his regular straight time rate of pay in the amount of three (3) hours for each date

      claimed. -

      F I -N D I N G S -

For a brief period commencing May 1, 1989, the Carrier
 appointed a Laborer to relieve the Track Supervisor, which
 is an exempt position. In doing so, the hours-of-work for -
 the employee were changed from a starting time of 7:30 a.m. ___
 r> F
 to 10 a.m. Although not necessarily relevant in the reso-,-- , -
 lution of this matter, the change in hours was with the full -_'-
                                      PLB No. 4370

                                      Award No. 25

                                      Page 2


      consent of the employee. The Organization argues that such arrangement was in violation of Rule 19, Starting Time, which requires a starting time for day shift assignment to be between 6 a.m.and S a.m., unless the following applies:


      (4) When regular operations require working periods varying-from those set forth above, hours of assignment will be designated by-agreement-between the Company and General Chairman to meet service requirements.


Agreement of the General Chairman was neither sought
 nor obtained in this instance. -
 As reviewed in Award Nos. 23 and 24,-the position of
 Track Supervisor is not within the scope of the-Organization's
 Agreement. It is correct that an employee otherwise covered
 by the Agreement was-selected to ,fill. this._exempt,position_
 on a temporary basis. It does not-follow, however, that.the
 conditions applicable to employees under the Agreement
 necessarily continue where awork_assignment is an exempt
 position.
                                      PLB No. 4370 Award No. 25 Page 3


                      A W A R D


      Claim denied.


                          r


      HERBERT L. /MARX, JR., Chairman and Neutra Member


                    2

              C. F. FOOSE, Employee Member


                    J


              R. . SCHNEIDER, Carrier Member


NEW YORK, NY

 DATED: