PUBLIC LAW BOARD N0. 249
BROTHERHOOD OF V·LAINTENANCE OF WAY EMPLOYES
VS.
NORFOLK AND WESTERN RAILWAY CO.
ST::t`EP·iENT OF CLAIM:
Claim of Section Foreman Carl Pando and other named employees on specified
dates account Carrier abolishing positions on Section 17A, South Lorain, Ohio,
and readvertising with different rest days to establish seven day operation.
OPINION OF BOARD:
The record establishes that Carrier violated the Agreement by abolishing
the Foreman's regular Monday through Friday position and readvertising it in
kind. But since no claimant has been named for said violation, no monetary
award need be considered. Carrier also violated the Agreement by establishing
a combination relief position which involved the duties of a Foreman, Assistant
Foreman, and Laborer. We will therefore award the employee assigned to that
position pay at the time and one-half rate for all service performed on
such
position on each Saturday and Sunday covered by the claim. Carrier having show
sufficient need to establish seven-day positions, its action in doing so was
within its proper managerial discretion. The balance of the claim therefore
will be denied.
AWARD
Claim disposed of in accordance with opinion of Board..
ORDER:
Carrier shall comply with this award within 60 days of the date thereof.
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L oya Baj.1er Cnaj.
E. G. Pso11a,,:.Carrier Member A. J. C nningham,~Employe f4ember
Dated: December 31, 1971