PUBLIC LAW BOARD N0. 1850
Award No. 14
Docket No. 28
BMWE File CUM-619
Carrier File 2-MG-1534
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute The Baltimore and Ohio Railroad Company
Statement Claim
on
behalf of Rail Weld Inspector Ronald L. Grapes;
of Green Spring Welding Plant, Green Spring, West Virginia
Claim for eight (8) hours at Class 'B' Operator's rate on
account of H. T. Kenney, inspecting welds at Green Spring
Welding Plant 4:00 p.m. to 12:30 p,m. on January 16,
1976.
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 October 27, 1976, that it has jurisdiction of the
parties and the subject matter, and that the parties were
given due notice of the hearing held.
Claimant, on January 16, 1976, held Class 'B' Machine
Operator's rights and was assigned as Rail Welder -
Inspector, First Trick, Green Springs Welding Plant. He
finished his regular tour of duty on that date and pro
ceeded directly to his residence where he remained until
leaving for work the next day.
On January 16, 1976 two second-shift operators laid off
`~ -.
PLO _8.50,
Award No. 14
. Page 2
without telling the Supervisor, H. T. Kenney, one of the
senior trackmen on the shift, asked to fill the inspector
position which was vacant and needed. He was used.
Claimant was not called for the vacancy because, according
to Supervisor MacGregor, he had no telephone number where
he could be called. Claimant asserts to the contrary
that he listed a telephone with Mr. MacGregor.
Here, the case turns on the factual question whether or
not there was a telephone number given by Claimant to the
Carrier in order to be called. The Board cannot resolve
that conflict in fact which is necessary to the proper
resolution of the instant dispute. Such conflict has been
known since at least February 11, 1976 when Claimant was
so advised in the denial of his claim.
In the particular circumstances the Board is impelled to
dismiss the claim without prejudice to the position of
either party.
Award Claim dismissed.
,~
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e carpe , , . oyee Member . Comiskey, Ca er ember
rt car . Van art Chairman
and Neutral Member
Issued at Salem, New Jersey, April 15, 1980.