SPECIAL BOARD OF ADJUSTMENT NO. 1048
Award NO. 93
Parties
to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
Norfolk Southern Railway
STATEMENT OF CLAIM
:
Claim on behalf of R. D. Hill, R. D. Cash, Jr., J. A. Wilson, R. A. Layne,
A. L. Wilson and R. H. Reynolds requesting that they each be paid 288
hours straight time and 72 hours overtime in that, from October 12,
1997 through December 2, 1997, a contractor was used to repair
substructure of bridge at mile post V-200.0, in the vicinity of Altavista,
Virginia.
[Carrier file MW-ROAN-97-156-BB-696]
Upon the whole record and all the evidence, after hearing, the Board finds that the
parties herein are carrierand employee within the meaning of the Railway LaborAct,
as amended, and this board is duly constituted by agreement under Public Law 89456 and has jurisdiction of the parties and subject matter.
AWARD
After thoroughly reviewing and considering the transcript and the parties'
presentations, the Board finds that the claim should be disposed of as follows:
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The claim arises out of Carriers subcontracting of bridge repair work. The record
reflects that, although Carrier gave the General Chairman notice of its intent to
subcontract the work, the notice did not include the replacement of defective steel
shims. Accordingly, we will order Carrier to compensate each Claimant eight hours
pay at the straight time rate for the portion of the work not encompassed within the
notice.
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R. A. Lau
Organization Member
M. H. Malin
Issued at Chicago, IL on December 21, 1999
D. L. Kerby~
Carrier Member