Claimants Kudlack and Irwin held Trackman seniority dates of 1976 and 1974, respectively, and were regularly assigned to Trackman positions on the Selkirk Subdivision of the Mohawk Hudson Seniority District on the Albany Division.
This claim asserts that on Saturday, February 28, 1998 (the Claimants' rest day), employees who held less seniority in the Trackman classification than the Claimants were assigned to perform Trackman work on an overtime basis which included installing ties at the Fort Orange siding in Casselton and in the Selkirk Yard, specifically, changing ties, pulling spikes, changing plates, spiking, etc. The Organization asserts that the Claimants should have been called for the overtime rather than assigning the work to employees junior to them in the Trackman classification.
The Carrier responded that that the disputed work performed by a Foreman and Machine Operators was "normal and a customary part of their work assignments" and that "more than just trackman work was performed to which neither of the Claimants would be entitled." The Carrier asserted that the employees who worked on the date in dispute "performed surfacing work with hand tools, including track jacks, tamping guns, forks and a level board" and those employees "had been working as a surfacing gang at the time of the claim."
While the exchange of correspondence on the property contains general assertions and denials made by the parties' representatives, there are two statements from Track Foreman M. L. Benacquisto who was at the worksite on the day in dispute and directing the work. The first states that:
We find that the evidence in this record sufficiently shows that on February 28, 1998 Trackman's work was performed on an overtime basis by employees who had lesser seniority than the Claimants in the Trackman's classification. The Carrier's affirmative defense that the work was actually surfacing work properly performed by other employees has been factually refuted by Foreman Benacquisto's statements. The claim will be sustained.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.