PARTIES TO DISPUTE:

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

GEORGIA SOUTHERN AND FLORIDA RAILWAY COMPANY

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:






EMPLOYES' STATEMENT OF FACTS: As is customary throughout the Railroad industry, the responsibility for having track in true and proper line and the responsibility to sight track which is being lined rests with this Carrier's Track Foremen and Assistant Track Foremen. Such responsibility has been inherent to positions of Track Foremen and Assistant Track Foremen on this property ever since this railroad began operating.


In accordance with such time-honored recognition, Claimant A. W. Jackson, while regularly assigned as an Assistant Foreman on Extra Gang No. 7 for some time prior to November 22, 1954, was assigned to sight track which was being lined with the help of a Buff track lhfng machine. In sighting this track, Claimant used a track lining telescope device which utilizes the basic principles of a surveyor's transit.


However, during the early part of November, 1954, the Carrier took this Buff track lining machine out of service with Extra Gang No. 7 and laid off the operator of the machine and Assistant Foreman A. W. Jackson.


However, beginning on November 22, 1954, the Carrier placed the Buff track lining machine back in service with a regular operator but failed to recall claimant Jackson to perform the duties of an Assistant Foreman in sighting track for this Buff Track Lining Machine. In place of the claimant Assistant Foreman to sight track for true and proper track alignment the Carrier used Laborer Paul Reeves.





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All evidence herein submitted in support of Carrier's position is known to employe representatives.




OPINION OF BOARD: Carrier states that "The track lining machine and Buff Realign Instrument were first used on the GS&F on December 1, 1953. At that time the only employe in the gang properly qualified to use the Buff Realign Instrument was an assistant foreman. He was, therefore, utilized in assisting the rail lining machine operator in lining the track. Later, however, laborers in the several gangs became qualified, and since November 9, 1955 have been utilized for that purpose. Foremen on the GS&F have never been assigned to assist the track lining machine cperator in sighting through the Buff Realign Instrument in lining the track."


While the claim before us alleges a violation of the Agreement "beginning on November 22, 1954" in part 1, and asks, in part 2, compensation "for all time that a laborer is used in sighting track for a Buff Rail Liner," argument presented in behalf of the Organization, noting Carrier's statement above, states that "what happened in November of 1955, even if Carrier is correct, has no bearing on the matter before us."


It is claimed by the Organization, and not denied by Carrier, that Claimant A. W. Jackson, "while regularly assigned as an Assistant Foreman on Extra Gang No. 7, * * ` was assigned to sight track which was being lined with the help of a Buff track lining machine."


It is Organization's claim that "during the early part of November, 1954, the Carrier took this Buff track lining machine out of service with Extra Gang No. 7 and laid off the operator of the machine and Assistant Foreman A. W. Jackson," claimant here.


"However," Organization continues, "beginning on November 22, 1954, the Carrier placed the Buff track lining machine back in service with a regular operator but failed to recall claimant Jackson to perform the duties of an Assistant Foreman in sighting track for this Buff Track Lining Machine. In place of the Claimant Assistant Foreman to sight track for true and proper track alignment, the Carrier used Laborer Paul Reeves. ' *





borer" Jackson, and


It is quite clear from the record that from the first use of this machine December 1, 1953 until November, 1954 the only employe "utilized" by Carrier "to use the Buff Realign Instrument was an assistant foreman."

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It is likewise claimed by the Organization, and not disputed by Carrier, that Claimant Jackson,



So far as this record is concerned, Claimant Jackson is the only person named in it who performed this service, while working as an assistant foreman, from the first use of the Buff machine until November, 1954. Carrier named no other. With reference to the laborers it says "became qualified," Carrier says they "have been utilized" since November 9, 1955. It is Organization's claim, and not denied by Carrier, that Claimant Jackson was laid off "during the early part of November, 1954."


With respect to Carrier's constant reference to Claimant Jackson as "Laborer" Jackson, he exercised his seniority, when laid off in early November, 1954, to a laborer's position. When he filed his claim he no doubt was a "laborer," but this in no way alters the fact of his seniority as, and prior seivice in the capacity of assistant foreman.


We will, for the reasons herein set forth, as well as Carrier's statement in its final submission to this Board,



sustain part (1) of the claim.







FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;


That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and



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Part (1) of claim sustained.

Part (2) of claim denied.






Dated at Chicago, Illinois, this 13th day of November, 1958.