C:\AWARDS\OUT\PLB1279-1.htm

! _~ AWARD NO. 1
. - _ DOC=' NO. MW-836

PUBLIC LAW BOARD NO. 1279

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

-and-

THE CENTRAL RAILROAD COMPANY OF NEW JERSEY

(R.D. Timpany, Trustee)

STATEMENT OF

CLAIM:

1. The Carrier violated the provisions of the Protective Agreement of February 17, 7.966 and the Agreements of March 19, 1969 and December 17, 1970, when at close of work on November 28, 1972, it abolished the positions of certain protected Track and B&B employees listed as

follows:

(See Attachment "A")

2. Carrier shall return these protected employes, as named, to Carrier's service and compensate them for all monetary losses sustained, due to Carrier's violation of these referred-to

_ Agreements. And additionally, all other employes adversely affected.

OPINION OF BOARD:

All of the furloughed employees covered by this claim were recalled by the Carrier in early 1973, and additional employees were hired. The record discloses that Carrier failed. to comply with its contractual commitments with the Organization in connection with the subject furlough action but the evidence is insufficient to permit the Board to now fashion a detailed remedy. This case is therefore-remanded to the parties for the development of such facts as are necessary for the determination of the appropriate remedy. If the parties are unable to arrive at a settlement on the remedy question, the matter shall be returned to the Board for., resolution of this portion of the dispute.

AWARD:

The award is as stated in above Opinion of Board.

AWARD NO. 1
.. - , . DOCKET NO. aI,1-330
19-lq
(--~L'lnyd . . Bailer, Chairman s J. R. Walsh, Carrier Member A. J. nninqha::mployee Member ~r Attachment "A" C.N.J. Central Division Track Dept. John Cittadino Willie Christmas George Johnson Jerome Shapiola Morris Lee Finard Caldwell George Rich Avan Fields Joseph Puchoski Kenneth James Henry Cooper Jimmie Slat on John Timmons Thomas Brown Oliver Mitchell Willie Taylor Bailey Stokley Nicholas Parenti Slade Fayson Richard Washington C.N.J.Southern Division Edward Henry Daniel Jackson Milton White John Bossick Donald Wooten N. Y.& L.B.Railroad Samuel Pappa Eugene Bentley Charles Styles Robert Coy Foster Cranshaw A tc) a. r ~ 1 Track Dept. Cont. Harry Creager Edward Thomas Joseph McDaniels Elarger Colding Joseph Gage John Mutz John Steele Philip Ladson John McGhee Rosendo Rodriauez` Deter Starinskv_ Booker Wilson B&B Dept, Donald Dorr Joseph Montagnno' Vincent S atkowski Leonard Mandel Henry Jackson Charles Apgar Richard Gonsiewski Francis Dolan