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NATIONAL MEDIATION BS?ARD
PUBLIC LAW BOARD N0. 5512
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
NORTHEAST CORRIDOR
AWARD NO. 7
System Docket No. NEC-BMWE-SD-3219
STATEMENT OF·CLAIM
1. The Agreement was violated when the Carrier
advertised four (4) HRO Linemen positions at Lancaster
Pennsylvania under advertisement number 01-7-PETC-0193
when only one (1) HRO vehicle was assigned to the gang.
2. As a consequence of the violation referred to in
Part (1) above, two (2) of the four (4) HRO positions
shall be abolished and readvertised as linemen positions.
FINDINGS
This dispute concerns application of the May 12, 1976
Memorandum of Agreement concerning Lineman/Highway-Rail Truck
operator positions. This Memorandum is reviewed in Award 8, to
which reference is here made.
Gang J-162 originally included a Foreman, two Gang Foreman,
and eight Linemen. one truck was regularly assigned to the gang.
The Carrier established four of the eight Lineman positions as
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Lineman/HRO, which required four employees to have the necessary
license and qualifications. The Organization contends that establishing four such positions, instead of two (one regular driver and
one relief), is excessive. The organization argues that this
creates a possible impediment for some employees and could lead to
the situation where all Lineman are required to be qualified truck
drivers. The Carrier notes that the gang, as constituted at the
time of establishing the positions, occasionally has the use of and
requirement for two trucks; hence, there is a logical need for the
qualified truck operators. The Carrier further states that there is
no Agreement provision limiting the number of employees in designated classifications.
The Board finds no contractual basis to support the Organization's contention of rule violation. The organization's concern
with the possible ultimate motivation for the Carrier's action is
speculation. Given the facts at hand, no adverse effect on any
employee has been demonstrated.
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557/,p -7
A W A R D
Claim denied.
HERBERT L. MARX, Jr., Chairman and Neutral tuber
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JE D ODD, Employee Member
RICHARD F. PALMER, Carri ember
NEW YORK, NY
DATED: