SPECTAL BOARD OF ADJUSTMENT (P.L. BOARD) NO. 39
Award No. 1
Case No. MW 138
PARTIES TO THE DISPUTE:
Brotherhood of Maintenance of Way Employes
and
Spokane, Portland and Seattle Railway Company (System Lines)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The Carrier violated the Agreement when it reduced forces
in Track Gang No. 1 on January 29, 1963, without first
giving the employes affected thereby at least five (5)
working days' advance notice. (Carrier's File 701-a).
(2) Track Laborers L. Davis, S. S. England, L. 0. Mark,
W. W. Stufflebeam, V. A. Norberg and A. Thurston each be
reimbursed for the exact amount of monetary loss suffered
because of the violation referred to in Part (1) of this
claim."
FINDINGS:
The Board, upon the whole record and all the evidence, finds
that:
The rules relied upon, when applied to the facts of record,
do not support an affirmative award. See Award 6191. Rule 29 is
controlling.
AWARD: Claim denied.
J. P.,. i son, ·mployee Member H J Tierney, Cafa rier Member
Portland, Oregon
August 10, 1967.