Public Law Board No. 2778
PARTIES Brotherhood of Maintenance of Way Employes
DISPUTE: and
The Baltimore and Ohio Railroad Company
STATEMENT Carrier violated the Schedule Agreement when it
CLAIM: called Track Inspector J. V. Gianangeli to clean
switches and crossings at Benwood, West Virginia
on January 9, 19, 20, 24, 26, 27 and 29, 1978,
instead of furloughed Trackman J. J. Ronevich.
The work performed on those seven days, a total
of 46 1/2 hours, should have been assigned to
J. J. Ronevich and he should be compensated for
those 46 1/2 hours at the appropriate rate of pay.
FINDINGS: On each of the claim dates except January 19 and
24, Track Inspector Gianangeli assisted in cleaning
ice and snow from switches. The ice and snow was
caused by a winter storm that, according to Carrier,
created an "emergency" condition.
We have had frequent occasion to point out that the
mere existence of a snowstorm does not necessarily constitute a true
PLB No. 2778
2 -
· Award No. 36
Case No. 64
emergency situation. In order to show that an emergency existed,
it is incumbent upon Carrier to present detailed evidence as to
the extent, intensity and nature of the storm. Merely to allege
that it is "severe" is not sufficient.
Since in the present case Petitioner did not raise
any issue as to the emergency nature of the storm, we will deny
the claim with respect to January 9 and 20. We will also deny the
claim as to January 19 and 24 since on those dates, Mr. 6ianangeli'5
work was confined to track inspection.
The claim will be sustained as to January 26, 27
and 29. By that time, Carrier had ample notice of conditions and
opportunity to bring in a furloughed trackman to help clean ice and
snow from switches. We agree with Petitioner that a furloughed
employe should have been used, in the absence of an emergency, in
preference to a track inspector to perform the work in question.
Carrier has presented inadequate evidence that the inspector was -
entitled to the work. In the absence of further details, the emer
gency could not be held to continue from January 9 to January 26,
27 and 29.
AWARD: Claim sustained as to January 26, 27-and 29, 1978; -
denied as to January 9, 19, 20 and 24, 1978. To
be effective within 30 days.
Adopted at baiTJ]more, Md
7,j
1984.
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Haro eston, Chairman
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Carrier Member Employe Member