PARTIES Brotherhood of Maintenance of Way Employes
DISTPUTE : and
Western Maryland Railway Co.
STATEMENT Claim on behalf of R. H. Kallmyer for difference
Z-F-I : in pay from Welder Helper to B&B Welder rate
from December 12, 1977 to January 31, 1978, account
Mechanics performing welders duties while the
claimant's position as Welder in the Work Equipment
Shop at Maryland Junction, West Virginia was abolished.
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 by Employes is similar to the same issue raised in Docket No. 2 and fully discussed in Award No. 2. For the reasons stated in Award No. 2, the conference issue is resolved in favor of the Carrier.

Claimant's position as a B&B Welder was abolished on November 22, 1977. He exercised his seniority and accepted a position as a Track Welder Helper at a lower hourly rate of pay. This claim was presented by Employes in a letter dated February 4, 1978. In that letter, Employes enumerate seven types of welding work performed by Work Equipment Shop Mechanic F. W. Leister since Claimant's position was abolished. Carrier denied the claim on March 21, 1978 because "Equipment Operators are required to weld". That letter also contained the following:








On appeal by letter dated April 28, 1978, Employes' District Chairman wrote as follows:



In again denying the claim on June 26, 1978, Carrier did so on two grounds. One, Claimant "could have exercised his seniority rights on a B&8 Mechanic position on November 23, 1977". Second, Mechanics at this location have performed welding work in conjunction with repairing machines and replacement of parts. No fabrication or alteration of machinery welding was performed.

There is no rule which requires a displaced employe to bid to the highest rated available position for which he is qualified. Claimant's displacement was created when the Carrier abolished his B&B position. Carrier. has the right to abolish a position providing, however, that the work of that position is not thereafter performed by an employe in another job classification or in another craft.

Nowhere in the record does the Carrier categorically deny the allegations in Employes' letter of April 28, 1978, that on the ten mentioned dates welding work was performed in the Work Equipment Shop, welding work whi.ch was performed by Claimant before his position was abolished. And it is unmistakable that the work intended to be identified was that of a B&B Welder. An allegation that mechanics "at this location have performed welding work in conjunction with repairing machines and replacement of damaged or worn parts is not evidence, but a mere assertion.
Award No. 7 Docket No. 7 page 3

For the reasons herein stated, the Board finds that the Carrier violated the Agreement, that welding work belonging to a B&B Welder was performed in the Work Equipment Shop by Mechanics on the claim dates and that the claim has merit.

AWARD

Claim sustained. Carrier is directed to pay the claim within thirty (30) days of the date hereof.

PUBLIC LAW BOARD N0. 2452

DAV7D DOLNIC ,, Chairman and Neu ra Member

7T.C. COMISKEY, Carrier Meter

DATED:




E. LA R ~E , ~, n ploye- e em ear