PUBLIC LAW BOARD NO. 6302
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
Case No. 53
and )
Award No. 53
UNION PACIFIC RAILROAD COMPANY )
Martin H. Malin, Chairman & Neutral Member
D. D. Bartholomay, Employee Member
D. A. Ring, Carrier Member
Hearing Date: March 23, 2004
STATEMENT OF CLAIM:
1. The Agreement was violated when the Carrier used Gangs 9081, 4236, 4237,
4152, 4192, 4193, 4207, 4847 and Truck Operators Schreiner and Bulin to
perform B&B carpenter's work of removing and installing planks and/or concrete
crossings on May 31 through July 6, 1995 from Mile Post 75 to Mile Post 202 on
the Marysville Subdivision of the Kansas Division instead of assigning B&B
Carpenters M. J. Sweet, M. C. Woodyard, R. L. Hull, and J. A. Hintz (System File
N-211/950545).
2. As a consequence of the violation referred to in Part (1) above, B&B Carpenters
M. J. Sweet, M. C. Woodyard, R. L. Hull, and J. A. Hintz shall each be allowed
an equal proportionate share of the eight hundred (800) straight time hours and
three hundred eighty-four (384) overtime hours worked by the section forces on
the claim dates.
FINDINGS:
Public Law Board No. 6302, upon the whole record and all the evidence, finds and holds
that Employee and Carrier are employee and carrier within the meaning of the Railway Labor
Act, as amended; and, that the Board has jurisdiction over the dispute herein; and, that the parties
to the dispute were given due notice of the hearing thereon and did participate therein.
The instant claim raises the identical issue that we resolved in Carrier's favor in Case No.
52, Award No. 52. Based on the holding and reasoning of Award No. 52, the instant claim must
be denied.
PLB X3042
Awd 53
Martin H. Malin, Chairman
ko'~'
D. A. Ring, D7D. artholomay,
Carrier Member Employee Member
ated at Chicago, Illinois, July 23, 2004