CASE NO. 183/184
AWARD NO.
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PUBLIC LAW BOARD NO. 2960
PARTIES Brotherhood of Maintenance of Way Employees
TO and
DISPUTE: Chicago and North Western Transportation Co.
STATEMENT OF CLAIM:
(1) Claim filed in behalf of Messrs-: C. L. Porter, J. C.
Anderson R. R. Scarberry. D. G. Givens and-M. J. Snyder for an
equal and proportionate share of 225 hours straight time, and
111 hours of overtime service rendered by the Iowa Division 703
Surfacing Gang (Case No. 183).
(2) Claim filed in behalf of Messrs. R. R. Noel, S. A.
Broderson, A. D. Charles, W. K. Prusha and S. R. Bockert for
all hours of service rendered by the Iowa Division BUC Gang on
the Central Division (Case No. 184).
OPINION OF THE BOARD:
This Board, upon the whole record and all of the evidence,
finds and holds that the Employe and Carrier involved in this
dispute are respectively Employe and Carrier within the meaning
of the Railway Labor Act, as amended,
and
that the Board has
jurisdiction over the dispute involved herein.
The Claimants, who hold seniority on the Central Division,
were employed on the claim dates when the Carrier assigned
employees from the Iowa-Division to work on the Central
Division.
Before the Board, the Carrier argued that Rule 11 (b) was
applicable. However, that position was not raised during the
handling on the property and will not be considered here.
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Based on the record, as it is properly before us, the
issue raised by the instant cases are identical in all
essential respects to those presented in Award 82 of PLB 1844.
There is no reason to alter the result here either. The
Carrier argued that the Claimants lost no work opportunities
since if the work had not been performed by the Iowa Division
crews, it would not have been performed by the Central Division
crews either. This relates to a deadline in which the work of
all gangs had to be completed. The Claimants were employed up
to this deadline. Therefore, they were fully employed, it is
argued.
The Carrier's argument suggests there was some kind of
emergency or urgency which would justify ignoring the
seniority of the Claimants. However, the organization argued
without rebuttal on the property that the deadline was self-
imposed and that, in fact, weather conditions would have -
permitted the Central Division gangs to have accomplished the
work in question. The fact this wasn't refuted strongly leads
the Board to the conclusion that there was no legitimate
business reason for not affording the work opportunities in
question to the rightful employees.
In view of the foregoing, the claims are sustained.
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L8 29Gd- /38
AWARD:
The Claim is sustained.
IL I
Gig. Gi=ernon, Chairman
J M. Raaz D! DI-. Barth
Ca rier Member Employee Member
Dated: ~~401v, /I
/9 89
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