Public Law Board No. 2630
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
The Baltimore and Ohio Railroad Company
STATEMENT 1. Carrier violated Agreement of October 1, 1968,
_OF
CLAIM: particuarly Rule 24, when it called for overtime
and worked Michael Bucklew, Junior Trackman, on
January 20, 1978, 5 p.m. until 7 a.m. and on Janu
ary 21, 1978, 4 p.m. until 7 a.m. et Cumberland,
Maryland, Yard.
2. Charles E. Waybright, Trackman, being senior
qualified and available on January 20 and 21, 1978,
should be properly compensated for 29 hours at the
appropriate Trackman rate.
FINDINGS: Petitioner's position is that Carrier breached
Rule 24 when it used Michael Bucklew to perform over
time service in Cumberland Yard while claimant was
furloughed and at home available for such service.
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It is undisputed that claimant was senior to Mr.
Bucklew in point of service. He should, therefore, have been
called for the work in question, clearing snow from switches, in
the absence of an emergency.
Carrier has not shown that an emergency existed at
the time. The mere fact that there was an accumulation of snow
does not, in the absence of further particulars, prove that it was
necessary to call a junior employe while claimant was on furlough.
However, Carrier has presented evidence -- a statement by Assistant Track Supervisor McAllister -- that Mr. McAllister
tried twice, at 4:20 and 4:45 p.m. on January 20, to reach claimant by telephone but that on each occasion, the line was busy.
Accordingly, Mr. McAllister maintains, he then proceeded to call
the next man on the roster. Claimant insists that he was not called
although he was at home and available.
This Board does not have occasion to observe and
hear witnesses and is not in a position to resolve questions of
credibility. Under the circumstances, we have no alternative but
to deny the claim in line with Third Division Awards 21423 and
20408. There is no basis for not crediting Mr. McAllister or for
holding that he was under the obligation to notify claimant by a -
personal visit to his home. Mr. McAllister's statement is quite -
specific and made on the basis of his own knowledge.
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AWARD: Claim denied.
Adopted at Baltimore, Maryland,,A~'c
«1
~1981.
Harold M. Weston, Chairman
dal
f t.c.G.i'iL
Carrier Member Employe .Member