NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-23109
Joseph A. Sickles, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to recall
furloughed employe Oliver T. Thompson to fill a temporary vacancy as section
laborer at McIntosh, South Dakota on January 11, 12 and 13, 1978 (System File
C# 27/D-2161).
(2) Because of the aforesaid violation, Oliver T. Thompson shall be
allowed twenty-four (24) hours of pay at the section laborer's straight-time
rate."
OPINION OF BOARD: The Claimant had been furloughed prior to January 11, 1978.
But, instead of recalling the Claimant to serve as Section
Laborer at McIntosh, South Dakota, on January 11, 12 and 13, 1978, Carrier used a
junior employe. The Claimant was assertedly available and had the required ability,
which prompted an allegation that Rule 11 was violated.
Carrier contends that on the three mentioned days, a train was stuck in
snow "thus creating an emergency situation" and, accordingly, the Carrier used the
readily available junior employe.
The record shows varying contentions concerning residences of the
employes, as well as availability to handle the "emergency".
Here, we
have noted that emergency service may be performed without
regard to seniority. There is some question that the Claimant was readily available on the llth and,
we find no basis for a conclusion that Carrier should not have attempted to obtain
the claimant's services thereafter. There was nothing about the particular situation which relieved
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;
Award Number
23159
Docket Number MEd-23109 Page 2
That the Carrier and the Employee 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 for January 32 and
13, 197x·
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this
30th
day of January
1981.