AWARD N0. 38
Case No. 38
PUBLIC LAW BOARD N0. 164.
Parties ) United Transnortation Union (T)
to )
Dispute ) Union Pacific Railroad Company-Eastern District
Statement of Claim: Claim of Brakeman D. A. Sydsyik, Council Bluffs,
for 5 miles deadhead Omaha to Columbus, October 24, 1965, and
150 miles at the work train rate of pay October 25, 1965, account
not used for flagging purposes at MP 80.49, and the claim of
Brakeman G. Peterson, Council Bluffs, for 150 miles at work train
rate of pay, October 26, 1965, account not used for flagging purposes
at MP 80.49.
Findines: The record in this case in respect to the circumstances
existing on the valid claim dates establishes that, although the
maintenance of way employees did perform flagging, same was not the
core portion of their service but was only incidental to their
primary section hand work. Given this finding of fact, an
application of the basic principle set forth in this Board's Award
No. 1 commands a denial award here.
AWARD: Claim denied.
PUBLIC LAW BOARD N0. 164
Carroll R. Dau her
Chairman and Neutral Member
J. . Kenny, ~arrie~ember
C.
F. Christiansen, Employe Member
Omaha, Nebraska
March 3, 1969