NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD NO. 4370
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD NO. 46
Case No. 46
STATEMENT OF CLAIM
1.
The Carrier violated the provisions of the
current Agreement when it used B&B forces to do work that
has historically and customarily been reserved for Track
Department laborers.
2. The Carrier will now be required to compensate
Claimants a total of 400 hours at straight time rate of
pay and 78 hours at time and one-half rate of pay divided
proportionately among the Claimants at the current
laborer's rate of pay.
F I N D I N G S
This dispute concerns work performed between February 19 and
March 14, 1991 involving "cutting rail, drilling holes, installing
track ties, and dumping ballast" on ballast deck bridges. The
organization contends that this work should have been performed by
Track Subdepartment employees rather than Bridge & Building
Subdepartment employees, arguing that ballast bridges differ
significantly from open deck bridges.
4
The Organization has established that such work is at times
performed by Track Subdepartment employees but has failed to
provide convincing evidence that this work is reserved exclusively
to such employees. In support of this, the Carrier refers to Third
Division Award No. 25386, involving the same parties, which states
in part:
[The Organization] does not refute, by citation or
example, Carrier's contention that spiking and lining
rail on a bridge is work that has been performed by both
trackmen and bridgemen, as the need .rose.
The distinction which the Organization makes between ballast
bridges and other types of bridges is not encompassed in any cited
rule. _
A W A R D
Claim denied.
HERBERT L. MARX, Jr., Neutr;:l Referee
NEW YORK, NY
DATED: April 27, 1993
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