SPECIAL BOARD OF ADJUSTMENT (P.L. BOARD) NO. 39

Award No. 4

Case No. MW-196

PARTIES TO THE DISPUTEo

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 awarded the

position of

'Helper on Hydraulic Production Tamper R-23, as advertised in M. of W. Bulletin No. 18

and B. & B. Bulletin No. 13 of April 21, 1965'

to an applicant (Sid L. Gulley) who is junior in seniority to applicant Mr. R. D. Roberts. (System Case MW-196)

(2) Mr. R. D. Roberts now be paid the difference between

the machine operator helper's rate and what he was paid

at the section laborer's rate for each workday beginning

with May 12, 1965 and continuing until the violation

referred to in Part (1) is discontinued.

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, the claimant will be allowed $20.00.

AWARD. As per Findings.

J. P. son, Employee Member H. J'. ~erney, Ca_rier Member

Portland, Oregon
August 10, 1967