OF ADJUSTMENT 1110
Award No. 42
Case No. 42
Brotherhood of Maintenance of Way Employees
and
CSx Transportation, Inc.
Claim of the System Committee of the Brotherhood that:
1. The Agreement was violated when the carrier assigned
local farces to perform track surfacing work (crossing work)
at Kaufman Avenue in Sterling, Ohio an the Akron East
Seniority District on Friday, October 6, 1995 [System File
SPG-TC-93437/12 (95-1220)
csx].
2. As a consequence of the above-stated violation, Tuck
Driver R. Robson shall be allowed eight and one-half (8.5)
hours' pay at the SPG Class 'B' Machine Operator time and
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.
The record indicates that the parties entered a Letter Agreement
on September 28, 1993 that updated an arbitrated agreement
between the parties concerning the establishment of System
Production Gangs to perform production work--including track
surfacing work--across former property lines or seniority
districts.
The Agreement contains detailed provisions concerning the
establishment of rosters, bulletining and filling positions,
filling vacancies, filling vacancies pending bulletining and
assignment, the form of bulletin, the work week, overtime,
lodging, meal allowance, work site reporting, travel allowance
and travel advance, national agreements, rates of pay, special
rule concerning holidays, claims and grievances, emergency
conditions, vacation credits, seniority, work force
stabilization, an oversight committee, a
non-discrimination
clause, labor protection, and the duration of the Agreement.
The preamble of the Agreement provides, in pertinent part, that:
For the purposes of this agreement,
production work that may be performed by a
SPG, is confined to the following work
activities: tie installation and surfacing,
surfacing, and rail installation. This
definition, however, does not limit the
Carrier's right to utilize non-SPG gangs to
perform these work activities nor does it
limit the Carrier's right to propose and
reach mutual agreement that other production
work be performed by SPG's in the future.
A careful review of the Agreement reveals that an annual process
occurs to award the positions on the System Production Gangs. As
part of the bulletining and awarding of such positions, the
Carrier identifies the seniority districts over which the System
Production Gangs are programmed to work.
Section 5
of the Agreement, which
the
parties amended on
September 28, 1993, specifies:
The bulletins advertising SPG positions will
identify a proposed schedule of the work to
be performed by the particular SPG, and the
territory and seniority districts over which
the work is programmed.
The referenced provision in the preamble of the Agreement
explicitly reserves to the Carrier the right to have non-System
Production Gangs perform the type of work covered by the
Agreement. This is consistent with the fact that the local
forces involved have the right to perform any scope-covered work
on their seniority district. Under the circumstances involved in
this claim, when local forces were available to perform the work
at straight time on their regular work day, there was no
2
requirement that the
first rest day.
AWARD:
The Claim is denied.
onald Bartholoma-~\
Employee ember
Carrier use SPG forces at overtime on thei
Robert L. Dou
s
Chairman and Neutral Member
3
Patricia A. Madden
Carrier Member