NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20924
Irwin M. Lieberman, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line !ailroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed and refused
to allow Henry Bowie the Class 3 machine operator's rate of py for all services performed on Februa~
H. Bowie/12-35 (73-3) E-3/
(2) The Carrier now be required to pay to Claimant Bowie the difference between what he should lave
(1) above.
OPINION OF BOARD: Claimant had a seniority date of October 11, 1948 as a
trackman. He had established seniority as a track machine
operator in the Track Department on July 19, 1962. Prior to February 26, 1973
Claimant was assigned as a trackman.
A position of track machine operator was advertised from January 27
through February 6, 1973, and Claimant was the successful bidder. A bulletin
was issued by the Carrier on February 9, 1973 awarding the position to Claimant
with the assignment to be effective February 26, 1973. Claimant was not permitted to take the assign
of the Roadmaster he continued working as a trackman February 26 through Friday
March 2nd, during which period he worked forty hours straight time and fourteen
hours overtime: he started to work as a track machine operator on March 5th.
Petitioner's contention is that he should have been paid for the service February 26 through March 2
trackman's rate.
Based on the entire record of this dispute, it is our conclusion
that the claim must be sustained. While the rules of the Agreement contain
no specific provisions as to when actual assignments to positions are to be
effective, in this case the Carrier, by its bulletin of February 9, 1973 made
the assignment effective February 26, 1973. Claimant was entitled to the track
machine operator's rate effective that date, and that rate would also be applicable to any overtime
Award Number 20861 Page 2
Docket Number MW-20924
The Carrier argues that Claimant was instructed to continue as a
trackman for the week in question due to an emergency situation in the area
caused by storms and a derailment, and Carrier cites awards to the effect
that Carriers have latitude in assigning employees to meet emergency situations. We agree with those
using employees in emergency situations, but no awards have been cited which
hold that employees were required to work at a lower rate of pay than the
rate of their assignment in order to meet an emergency. Thus it is our finding that the Claim must b
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 Board has jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
a.l.
Dated at Chicago, Illinois, this 14th day of November 1975.