SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 294
Case No. 294
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific Railroad Company)
Statement
of Claim: (1) Carrier violated the current working agreement,
especially Agreement Rules 1, 2 and 11 when on January 2,
1986, Machine Operator/Helper jobs were bulletined to
employes holding Eastern District Tie Gang seniority in
Bulletin Nos. 1-34. The Memorandum Agreement of March 19,
1981, establishing a district tie gang does not provide for
the support gangs to be bulletined as those of the District
Tie Gang.
(2) Carrier also violated the above-quoted rules in that
several machine operator/helper bulletins were posted
without the machine numbers on such bulletins. These
bulletins were Nos. 5, 10, 11, 15, 16, 17, 18, 19, 20, 25,
30 and 31.
(3) They are therefore requesting that these bulletins be
canceled and readvertised to the employes on the respective
division and not the district tie gang, and also have the
machine operator/helper bulletins re-advertised showing the
machine numbers.
Findings: This Board has jurisdiction by reason of the Parties
Agreement of January 5, 1979.
This is the second of the series of the cases referred
to in our Award 288 the findings of which by reference is
incorporated herein. Item 1 of this case refers to
Bulletins 1 through 34 that were bulletined on January 2,
1986. In Item 2, Bulletins 5, 10, 11, 15, 16, 17, 18, 19,
20, 25, 30 and 31, cover the complaints which therein were
similar as to that in our Award No. 288.
The Board here finds the same as in our Award No. 288.
The Carrier is not prohibited from moving an employee from
one machine to another. However, of course, there must be a
reason therefor.
Rule 11 - Bulletin, does not, as alleged, provide for
machine identification. However, the Carrier should, as
customary with the past practice, provide some means for
identification of the type or machine involved by bulleting
-2- Award No. 294
a machine identification number. Exclusivity thereof is not
being conferred thereby.
It was alleged that Bulletins 1 through 11 and 21
through 34, improperly bulletined work for Tie Gangs which
work belonged to Division Gangs. We do not agree. That is
the type of work that may be bulletined to either.
The Board finds no violation of the Agreement of March
19, 1981 or of Agreement Rules 1-2 and 11 as was alleged.
Award: Claim denied as per findings.
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So H mans, Jr. E oyee Member J.#. cannon, Carrier) .tuber
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Arthur T. Van Wart, Chairman
and Neutral Member
Issued July 19, 1989.