Parties ) United Transportation Union (TJ
to )
Dispute ) Union Pacific Railroad Company-Eastern District
Statement of Claim: Claims of Brakemen L. Russell and N. M. Scoffield,
October 6 ~ hrough 10,
1965
and Brakemen R. J. Kurray and R. B.
Thompson, October 11 through
16, 1965,
for
150
miles each on dates
indicated, account not called to perform flagging service.
Findinzrs: The correct claim dates and claimants in this case are
October 6 for Russell and Scoffield and October 11 for Murray and
Thompson.
As with all the cases Nos. 2 through 40, the issue here
is purely one of fact. and fact interpretation, given the governing
legal principle of decision set forth in this Board's Award No. 1.
From the evidence of record the Board is of the opinion that the
flagging done at the work site by the section
hands on
claim dates
was chiefly incidental to their maintenance of way work for Carrier
and did not constitute the core of their service. Accordingly, an
affirmative award is not warranted here.
AWARD: Claim denied.
PUBLIC LAW BOARD N0.
164
L:.4.t,eC~ ~l
~ttwl
oarroll R. aughe3 '
Chairman and Neutral Member
J. H.
Kenny, Carrier
Member C. F. Christiansen, Employe Diember
Omaha, Nebraska
r=arch
3, 1969