PUBLIC LAW BOARD NO. 249
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
NORFOLK AND WESTERN RAILWAY CO.
STATEMENT OF CLAIM:
1. Carrier improperly disciplined Section Foreman G. T. Fornadley on
August 239 1968, when Carrier notified Claimant Foreman Fornadley that he
was relieved from his .responsibilities as a Section foreman, thus requiring
this Claimant to exercise his seniority rights as a Scction Laborer.
2. Section Foreman G. T. Fornadley be now allowed the difference in
.rate between that of a section foreman and that of a laborer. for all time
worked subsequent to August 23, 1968.
3. Section Foreman G. T. Fornadley's record be cleared of this
incident.
OPINION OF BOARD:
The record does not establish that Claimant Fornadley bore any
responsibility in connection with the subject derailment. Claim therefore
will be sustained for the involved difference in pay during the period that
claimant was involuntarily demoted to section laborer. In addition, claiman:
record shall be cleared of this incident.
AU? 4RD
Claim disposed of in accordance with Opinion of. Board.
ORDER:
Carrier shall comply with this award within 60 days from the date
thereof.
l6yd He Bailer, Chairman
E. G. Psalla, Carrier Member A. J. CTriningham,(Em-loye Member
Dated: December 31, 1971