NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29867
Docket No. MW-29936
93-3-91-3-317
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
(1) The Agreement was violated when the
Carrier assigned junior Truck Driver F.
Blaskowski instead of Truck Driver G.
Wegener to operate the Glenwood,
Minnesota section truck on Saturday,
February 24 and Sunday, February 25, 1990
(System File 8630/8-00004).
(2) As a consequence of the aforesaid
violation, Mr. G. Wegener shall be
allowed ten (10) hours of pay at the
truck driver's time and one-half rate."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employe or employes involved
in this dispute are respectively carrier and employe within the
meaning of the Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over
the dispute involved herein.
Parties to said dispute waived right of appearance at hearing
thereon.
The facts in this case demonstrate, without contradiction,
that carrier did not follow agreement requirements when it assigned
an employee with less seniority than Claimant to operate the
Glenwood, Minnesota, Section Truck on Saturday and Sunday, February
24 & 25, 1990. The claim has merit. It will be sustained.
Form 1 Award No. 29867
Page 2 Docket No. MW-29936
93-3-91-3-317
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ~
Catherine Loughrin C7IInterim Secretary to the Board
Dated at Chicago, Illinois, this 26th day of October 1993.