Parties ) United Transportation Union (T)
to )
Dispute ) Union Pacific Railroad Company-Eastern District
Statement of Claim: Claims of various Ogden brakemen on various
dates in October and November 1965 for 150 miles each on dates
specified account not called to perform flagging service.
Findings: Carrier and Organization are agreed on the correct
claimants and claim dates for this case.
The decision here, it is agreed, turns on whether the
weight of the evidence of record establishes on balance that at the
construction site here involved Carrier constructed a plank roadway
across its tracks. If the evidence so shows, then factually this
case joins the company of Cases Nos. 1, 6, 7, 13 and 3$; and the
award here must be the same as in those cases, namely denial.
The Board is of the opinion that the facts here are
sufficiently analogous to the facts in said cases to warrant such
an award. The contractor here does appear to have constructed such
a temporary crossing, this time from second-hand planking.
kUARD: Claim denied.
PUBLIC LAW BOARD N0. 164
Cr~
~C~C~u L~ ' '
Carroll R.Dayzgh~en~ty
Chairman and Ue'9 al Iiember
~e
6! i7r
(! ~f.LLS~
J. H. Kenny, Carrier Member C. F. Christiansen, Employe iiember
Omaha, Nebraska
MI
arch 3 , 1969