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AWARD :d0. 11
Case No. 11
PUBLIC LAW BOARD N0. 164
Parties ) United Transportation Union (T)
to )
Dispute ) Union Pacific Railroad Company-Eastern District
Statement of Claim: Claims of various brakemen at Ogden on various
dates in July, August, September and October 1965, for 150 miles
each account not called for flagging service.
Findines: The Parties are agreed that, among the claimants and claim
dates originally presented for this case, only the following are
valid: July 13, Littell and Peters; July 19, Littell and Russell;
July 26, Littell and Kartchner; August 2, Travis; August 9, Barney
and Peters; August 16, Egbert and Brophy; August 23, Thomas and
OtKeefe; August 30, Woodbury; September 13, Close and Ensign;
September 20, Barnes and Thompson; and September 27, Russell and
Thompson -- all in 1965.
From the weight of the evidence presented at the hearing
the Board is persuaded, on balance, that the flagging work performed
by section hands on the above claim dates was not mainly incidental
to their maintenance of way service, but constituted the core of their
duties. Then, under the principle set forth in Award No. 1 of this
Board, an affirmative award is here required.
As to remedy, the Board follows the finding in the third
paragraph of its Award No. 4: 100.miles for each of the above
agreed-on claim dates and claimants is proper, and Carrier is directed
to pay same within 45 days.
AWARD: Claim sustained per Findings.
PUBLIC LAW BOARD N0. 164
Carroll R. Dawghe~r~£y
Chairman and Neutral Member
J. H. Kenny, Carrier iiember C. F. Christiansen, Employe i:ember
Omaha, Nebraska
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March 3, 1969
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