Public Law Board No. 2630
PARTIES Brotherhood of Maintenance of Way Employes
D IOUTE : and
Baltimore and Ohio Railroad Company
STATEMENT 1. The Carrier has violated the current Mainten--
CLAIR: ante of Way Agreement dated October 1, 1968, subse
quent agreements, and memorandums when failing to
allow the listed Claimants to'complete the day's
work on October 27, 1977. The Claimants are listed
as follows: Earl J. Faircloth, David Alley, Donald
McCartin, Luther M. Shambaugh, Douglas R. Ravenscroft,
Robert L. Munday, W. C. Keating, M. D. Carr, Charles
E. Waybright, James'L:'Trout, Thomas N. Harden,
David Ashenfeltgr, George W. Carrico, Kirk Light,
C:'Houck, J. L. Gay, J. R. Rhinehart, P. C. Fowler,
J. N. DuVall, Jr., R. Stevens, W. B. Duckworth,
J. W. W. Cox, R. Martin, G. S. Ratke, C. L. Gaynor,
Jr., D. A. Detrick, N. Davis.
2. The Claimants now be paid five (5) hours each
at their respective rate of pay for time lost because
' they were not allowed to continue work after the
rain had ceased on that day.
FINDINGS: Along with two foremen as well as Supervisors
Withers and Wilson, the 23 claimants and four other
trackmen arrived at the work site on the morning
of October 27, 1977 after first reporting to their
headquarters.
The record indicates that claimants refused to attend
to their duties at the site, although requested to do so several
times during the next few hours. They were allowed three hours for
the day and now seek an additional five hours pay. The two foremen
and four trackmen who performed their assigned work were compensated
for the entire day.
The evidence does not establish in sufficient detail
that claimants were compelled to remain at the work site or that
the weather conditions were so bad that they could not begin work.
It is of interest that the two foremen and four trackmen were able
to work at the site. Supervisors Withers and Wilson returned to
the headquarters when claimants refused to work.
The claim is not supported by competent proof.
AWARD: Claim denied.
Adopted at Baltimore, Maryland,
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H M. Wes , airman
Carrier Member/ Employe Member
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