Public Law Board No. 2778
PARTIES Brotherhood of Maintenance of Way Employes
D InUTE : and
Baltimore and Ohio Railroad Company
STATEMENT 1. The Carrier has violated the current Scheduled
CLAN: Agreement, addendums and memorandums thereto, when
failing to call Claimant M. J. Jordan,senior track
man, but instead called John Demanaczk, junior
trackman, for. overtime work on the Claimant's regular
assigned territory, in violation of Rules 24, 27,
and other pertaining rules.
2. Claimant M. J. Jordan be compensated at the
appropriate rate of
pay
for eight hours on May 6,
1978, and for seven and one-half hours on May 7,
1978, for the Carrier's failure to allow his over
time, when being available, qualified, and willing
to perform such services.
FINDINGS: On May 6 and 7, 1978, an employe junior to claimant
was used to help repair damage resulting from a
derailment in Wilsmere Yard. We are satisfied that
an emergency existed on May 6 and that Carrier was
2773- 1I
justified in calling the junior man for the work when, according
to Foreman Tansley, a call to claimant's regular telephone number
met with the response that claimant was not at home.
It was error, however, for Carrier not even to attempt
to communicate with claimant =in regard to the second day's work.
The record does not indicate that the emergency continued into May 7.
The first day's work went on until midnight May 6
and Carrier decided that it was best to utilize the group already
on duty when work was resumed on the following morning. That it
was convenient to-have the junior employe perform the duty on May 7
is clear; however, it was not Compatible with contra;ttual itments
to do so. The claim will be sustained for May 7.
AWARD: Claim sustained. To be effective within 30 days.
Adopted at Baltimore, Maryland, ~4_4,6~ ~~ 19$3.
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