NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number MW-20250
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
( AT&N District
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it failed and
refused to pay Track Laborer Make Watkins mileage allowance for driving
his personal automobile between York and Aliceville, Alabama from
March 13 through March 24, 1972 during which time he was improperly
displaced from his regular assignment as track laborer on Section 652
at York, Alabama (System File F-10437 Make Watkins/D-6861 ATN).
(2) Track Laborer Make Watkins be allowed $100.26 (1114 miles
x 9 cents per mile) because of the violation referred to in Part (1)
hereof.
OPINION OF BOARD: Under the circumstances of this case, involving as
they do, the application of the force reduction rule
of the agreement (Article 2, Rule 8: "When force is reduced the senior
employes in the sub-department capable of doing the work shall be re
tained.") it was not permissible to retain track laborer J. L. Sturdivant
(seniority date as track laborer of September 25, 1948), an employe
junior to Claimant track laborer Make Watkins (seniority date of April 11,
1947), continuing the junior in service when on March 12, 1972 forces
were reduced on Section Gang 652 at York, Alabama. It is clear from the
record that track laborer J. L. Sturdivant did not acquire seniority as
truck driver-laborer pursuant to Appendix Item No. 2, paragraph 2, until
he was assigned as such on April 19, 1972.
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
Award Number 20470 Page 2
Docket Number MW-20250
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
AMA
Dated at Chicago, Illinois, this 25th day of October 1974.