Award No. 15
Docket No. 15
PUBLIC LAW BOARD N0. 2452
PARTIES Brotherhood of Maintenance of Way Employes
DIMTE : and
Western Maryland Railway Co.
STATEMENT Claim on behalf of Production Foreman C. S. Day for
ten (10) hours' overtime on June 25,
1978
account
Line Foreman S. D. Dunkins called one of Mr. Day's
machine operators (R. F. Ford) for overtime service
at derailment Fort Ritchie Crossing on June 25,
1978.
FINDINGS: By reason of the Agreement dated June 14,
1979,
and
upon the whole record and all the evidence, the Board
finds that the parties herein are employe and carrier within the
meaning of the Railway Labor Act, as amended, and that it has
,jurisdiction.
The conference issue raised here is comparable to the
same issue raised in Docket No. 2 and discussed in Award No. 2.
For the reasons stated in Award No. 2, this issue is resolved
in favor of the Carrier.
A derailment occurred on the claim date. Foreman S. D.
Dunkins and his gang were properly called for the emergency.
Later, Foreman Dunkins determined that he needed a machine operator.
He called Machine Operator R. F. Ford a member of Claimant's gang.
Employes contend that Claimant should have been called and assigned
together with Ford.
No rule has been cited that requires Carrier to assign
more Foremen to a ,job location than Carrier feels are necessary.
Nor is any rule cited
which requires
the Foreman of a gang be
called whenever an employe of that gang is required in an
emergency situation. Normally, if a gang is called, the Foreman
pl-r3
ay 53
Award No. 15
Docket No. 16
page 2
of that gang receives the call, assigns the gang, accompanies it
to the work site and, of course, supervises its work. That is
not the case here. Dunkins required only one employe, a Machine
Operator. No additional supervision was necessary.
Upon this record, the Board
finds
that
t:Le
Carrier
did not violate the Agreement and that the claim has no merit.
AWARD
Claim denied.
PUBLIC LAW BOARD NO. 2452
D ID DO NICK, Chairman and Neural Member
'L1tWZ (- qu-~.
W. . C. COMISKEY, Carrier Member
DATED:
"!
G,/ ? 8'L'
WILLIAM , Emp oye Mem er