PUBLIC LAW BOARD N0. 1838
Award No. 45
Carrier File MW-ROR-78-6
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute: Norfolk and Western Railway Company
Statement The Carrier violated
effective working
agreement when it allowed two
of bulldozer operators to perform section men's work on Pulaski Section at
Claim: a time when Claimant Wayne M. Catron, Jr., a Section Laborer, was
furloughed from his assigned section in violation of Rules 5 and 15.
2. Claimant Catroa be paid for time at his applicable section laborer's
rate of pay for each day these bulldozer operators were allowed to
perform section work on Pulaski section while Claimant was furloughed,
starting January 9, 1978, and at leas through February 12, 1978.
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 parties, having previously settled this matter, requested it withdrawal from
before the
Board.
Request granted.
Award: Claim dismissed.
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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.