SPECIAL BOARD OF ADJUSTMENT (P.Li BOARD) NO. 39
Award No.19
Case No. MW-233
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, without
benefit of 'mutual agreement between the General Chairman
and designated Representative of Management', it
assigned or otherwise permitted 'outside parties' to
construct roadbed subgrade and to place rip-rap between
Mile Posts 187 and 188 near Paterson, Washington.
(2) Machine Operators R. Shimmin and W. Kent each be
allowed pay at their respective straight time rates
for an equal proportionate share of the total number
of man hours consumed by the contractor's forces during
the claimants' regular assigned hours and pay at their
respective time and one-half rates for an equal proportion
ate share of the total number of man hours consumed by
the contractor's forces outside the claimants' regular
assigned hours in the performance of the work referred
to in Part (1) of this claim."
FINDINGS.
The Board, upon the whole record and all the evidence finds
that:
In view of the facts and circumstances in this particular
case and without construing the rules of agreement relied upon by
the parties as they might apply to any other case involving the same
or similiar set of circumstances, each claimant will be allowed
four hours' pay
AWARD- As per Findings.
J
Ll rd~,
. P. W 's
ri,
Employee Member H. J ierney, Ca.rier Member
Portland, Oregon
August 10, 1967