Parties ) United Transportation Union (T)
to )
Dispute ) Union Pacific Railroad Company-Eastern District
State-nent cf Claim: Claims of various Ogden brakemen on various dates
in October and November,
1965,
for
150
miles each on specified dates,
account not called to perform flagging service.
Findings: Here the correct claim dates and claimants are as follows:
October
4,
Bagley; October 11, Frongner; October 1$, Egbert;
October
25,
R. E. isiller; November 1, R. H. Miller; November $,
Woodbury; and November
15,
Cook -- 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 NO.
164
'~.~.r..~ IIJ
a~
Gs.r
Carroll R. Da ghalr~y
Chairman and Neutral Member
- · -i IE.Gt-~(l.LI~J: fs.'
J. H. Kenny, Carrier PIember C. F. Christiansen, Employe Member
Omaha, Nebraska
March
3, 1969