BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 924
PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TD
DISPUTE: CHICAGO & NORTH WESTERN TRANSPORTATION C0.
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
1. The Carrier violated the Agreement when on December 17, 18,
19, 1985, it assigned the Sioux City Retirement Crew which is
in the Track Subdepartment to remove mud, dirt and ice from a
turntable adjacent to the Diesel Shop in Sioux City, Iowa,
instead of assigning the B & B Crew which is in the B & B
Subdepartment (Organization File 4LF-2117T; Carrier File
81-86-53).
2. Claimants D.J. Rife, Jr., M.G. Blackley, R.G. Haner, J.D.
Isbell, and P.J. Gantnier shall each be allowed an equal and
proportionate share at their applicable straight time rates
of the ninety (90) man hours expended by the Sioux City
Retirement Crew.
FINDINGS:
Claimants were employed by Carrier and were all assigned to their
respective positions on the B & B Crew within the B & B Subdepartment.
The Organization contends that the Carrier violated the Agreement by
assigning work that is historically and traditionally performed by
employees of B & B Subdepartment to Track Department employees. The
claim was denied and has resulted in the dispute being placed before
this Board.
This Board has reviewed the record in this case and we find that
the cleaning of snow and ice from a turntable circle track is not
exclusively the work of B & B Department employees. Therefore, the
Carrier did not violate the Agreement by having other employees who
are represented by this Organization perform the work of cleaning
winter debris, including snow and ice, from the track in question.
612* /3/
The Organization is correct that the servicing and maintenancing
of the turntable at Sioux City is the work of the B & B Department.
However, seasonal activity of cleaning winter debris is not reserved
to a single group of BMWE employees. Often, cleaning of winter debris
is incidental to the work being performed and the record demonstrates
that it has been assigned to various employees on the basis of
availability.
The Organization has not met its burden of proof in this case.
Therefore, the claim must be denied.
AWARD
Claim denied.
Neutral Memb&.r
C rier Member 0 g ization Memb
Date:
NOV 285"88
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