PUBLIC LAW BOARD N0. 1838
Award No. 38
Carrier File MW-WS-78-6
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement
of Claim: The employes request that Claimant D. C. Secrist be paid
machine laborer's rate of pay, beginning with December 23,
1977, and continued as long as Rule 16 of the Maintenance
of Way Agreement continues to be violated.
Findings: The Board, after hearing upon the whole record and all evidence,
finds that the parties herein are Carrier and Employee within the meaning
of the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated March 1, 1976, that it has jurisdiction of the parties
and the subject matter, and that the parties were given due notice of
the hearing held.
The instant case was instituted by the General Chairman, by letter
dated January 16, 1978, which, in pertinent part, reads:
"We have been informed by the above named claimant
that he tried to displace V. W. Poindexter as a
machine laborer on L. P. Good's crane on the
Shenandoah Division on December 23, 1977. He was
told that he could not displace Mr. Poindexter, even
though he is the senior employee. D. C. Secrist's
seniority date is April 23, 1969; V. W. Poindexter's
date is September 7, 1976.
In view of the above, we are requesting that
D. C. Secrist be paid machine laborer's rate of
pay beginning with December 23, 1977, and consider
this as a running claim so long as this violation
continues to exist.
We are citing Rule 16 of the current M/W Agreement
as well as any other rule which might pertain
thereto in support of this request."
The claim was denied in pertinent part reading:
"Initially, we find your presentation of this
matter to be vague and lacking sufficient
information to enable the Carrier to determine
-2- Award No. 38 - / i 3 &
either the nature of the alleged violation of
which claimed or the agreement provision upon
which you wish to rely in establishing Claimant's
entitlement to the unearned compensation in
question.
Under the circumstances, we find there has been
no violation of Rule 16 nor any other rule of
the current working agreement; and this claim
is, therefore, declined ...."
The record reflects that it had been explained that Mr. Poindexter
was no longer working as a machine laborer on L. P. Good's crane and
that he had been assigned to operate another crane of the same type.
Consequently, since no employee was in filling the position as
machine laborer on crane 518647 there was no basis for the claim. In
such circumstances, we find the claim to have no merit. It will, therefore,
be denied.
Award: Claim denied.
A. D. Arnett, Employee Member G. C. Edwards, Carrier Member
Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Salem, New Jersey, September 30, 1980.