PARTIES Brotherhood of Maintenance of Way Employes

DIMTE : and





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


W. . C. COMISKEY, Carrier Member

DATED: "! G,/ ? 8'L'

WILLIAM , Emp oye Mem er