Public Law Board No. 2778
PARTIES Brotherhood of Maintenance of Way Employes
D IPUTE : and
Baltimore and Ohio Railroad Company
STATEMENT 1. Carrier violated Rule 40 (a) of the current
CLAYhi: Schedule Agreement dated October 1, 1968, when it
assigned Trackman Andrew Capella instead of the
senior qualified Trackman Fred Larson to operate
a Class "B" machine.
2. Fred Larson be paid the rate of trackman and
Class "B" operator from June 12 through July 7,
1978.
FINDINGS: An employe junior to claimant was used to fill a
temporary vacancy. June 12 to 16, June 20 to 23,
June 26 to 30 and July 3 to 7, 1978. According
to Supervisor Mincer, claimant had been asked by
Foreman Saliga to operate the machine and claimant
refused. There is no statement from Mr. Saliga
in the record or any specifics as to when claimant
was asked to operate the machine.
'We will deny the claim for the initial period,
June 12 to 16, on the basis of Supervisor Mincer's statement. The
claim for June 20 to 23 will be sustained since the statement is
too general to provide a basis for a complete denial as to all claim
dates; if, after a four-day hiatus, it became. necessary to fill the
vacancy again,. claimant should have been called for that work. His
refusal on June 11 or 12 did not mean that he was forever.disqualified from performing the duty.
The claim for June 20 to 23 and July 3 to 7 will
be denied; the record indicates that claimant was on vacation on
those dates.
AWARD: Claim sustained for the period from June 20 to 23,
1978; denied as to all other dates. To be effective
within 30 days.
Adopted at Baltimore, Maryland,,,&-" ~7~ 1983.
Harold Weston-,C~ftan
e
aa~
arrier Member Employe Member