SPECIAL BOARD OF ADJUSTMENT 1110
Award No. 138
Case No. 138
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
and
CSX Transportation, Inc.
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
1. The Carrier violated Appendix No. 34 of the Agreement
when it allowed Welder R. K. Orr and Welder's Helper Pinkley
to perform Track Repairman's duties (spacing of ties in
preparation for field welds) between M.P. 8.3 and M. P. 75.0
on the Nashville Division on February 1, 2, 3, 15, 16 and
18, 1994. [System File 14(20)(94)/12(94-635) LNR].
2. As a consequence of the aforestated violation, Nashville
Division Track Repairmen R. K. Allen and R. A. Foster shall
be paid eight (8) hours straight time pay at their
appropriate Track Subdepartment rate for each day during the
month of February 1994 that the violation occurred.
FINDINGS:
This Board, upon the whole record and all of the evidence, finds
and holds as follows:
1. That the Carrier and the Employee involved in this
dispute are, respectively, Carrier and Employee within the
meaning of the Railway Labor Act, as amended,; and
2. That the Board has jurisdiction over this dispute.
OPINION OF THE BOARD:
Appendix 34 provides, in pertinent part, that:
in the future on all Seniority Districts of
this Company when field welds are being made
a track repairman will be assigned to work
with the welding gang to perform the track
work unless the ties have already been spread
to permit the field weld and that we will not
be presented time claims that the welding
gang is performing track sub-department work
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and also time claims that the track repairman
is performing welding sub-department work.
This dispute involves an allegation about the performance of
scope covered work by a Welder and a Welder Helper, who did not
possess active seniority under the Agreement in the Track
Subdepartment. The Welder and the Welder Helper did possess
active seniority under the Agreement in the Welding
Subdepartment.
Rule 3 and Rule 5 differentiate between the Track Subdepartment
and the Welding Subdepartment. Employees covered by the
Agreement accrue seniority in such different subdepartments.
The critical inquiry therefore requires a determination of
whether the Welder and Welder Helper performed track work
incidental to their primary work of welding or whether they
performed a substantial and significant quantity of track work
that warranted the assignment of the Claimants from the Track
Subdepartment to perform such work.
A careful review of the record reflects that Welder Orr alleged
that he and a Welder Helper had performed the disputed work.
Welder Orr, however, did not indicate the specific nature and the
specific quantity of such disputed work. The record confirms
that Welder Orr had received instructions to perform certain work
that included making certain field welds. In doing so, Welder
Orr performed some Track Repairman's work.
In the absence of any clearer delineation of the time spent on
performing Track Repairman's duties and under these special
circumstances, only the Senior Claimant shall receive one hour
pay at the straight time rate for each date specified in the
Claim. The Award shall so provide.
AWARD:
The Claim is sustained in accordance with the Opinion of the
Board. The Carrier shall make the Award effective on or before
60 days following the date of this Award.
Rbbert L. Do as
Chairman and Neutral Member
Donald . Bartholo Mark D. Selbert
Employee ember Carrier Member
Dated:
la-~"y l
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