PUBLIC LAW BOARD NO. 4104
Case No. 16/Award No. 16
PARTIES TO DISPUTE: Brotherhood of Maintenance of Way Employees
VS.
Burlington Northern
Railroad Company
STATEMENT OF CLAIM:
1. The Carrier violated the Agreement when it called and
used furloughed Sectionmen E.L. Mangrum to perform snow removal -
work on December 27,28,29,30 and 31, 1982, instead of calling
and using furloughed Sectionmen A. Maes who was senior, available
and willing to perform that service.
2. As a consequence of the afore-mentioned violation, Claimant
A. Maes shall be allowed thirty-five and one-half (35h) hours of
pay at the sectionman's straight time rate and eight and one-half
(8~) hours of pay at the sectionman's time and one-half rate in
effect on the claim dates.
OPINION OF BOARD: The relevant facts of this claim are not in
dispute. Claimant A.A. Maes was a Section Laborer in the Track
Sub-department of Carrier's Denver, Colorado facility. Claimant
held seniority as of September 19, 1978. Claimant resides in
Loveland, Colorado; some 51 miles outside Denver. Claimant
was on furlough during the dates in question.
On December 23 and 24, 1982, a blizzard blanketed the Denver
area with over 23 inches of snow. During the period December 27
to 31, 1982, 44 hours of snow removal work was performed by
Section Laborer E.L. Magrum,.seniority as of May 30, 1979.
The Organization filed the instant claim on January 21, 1983,
alleging that 35'h hours of straight time work and 8h hours of
overtime work were erroneously given to a junior employee,
rather than to Claimant, in violation of Rules 2 and 29.
Carrier timely denied this claim. Thereafter, the claim was
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Case No. 16
handled in the usual manner, on the property. It is now
before this Board for adjudication.
The Organization submits that it is undisputed that Claimant
held greater seniority than E.L. Magrum, the individual who
performed the work. Further, it urges that Claimant was ready,
willing, and able to perform the snow removal work at Carrier's
Denver facility, but that Carrier did not call Claimant to
do this work. Accordingly, the Organization asks that the
claim be sustained.
Carrier, on the contrary, asserts that due to the blizzard -
and resultant emergency conditions, it could call- only those
employes residing within the immediate area of Denver, Colorado.Accordingly, Carrier asks that the claim be denied.
After carefully considering the record evidence, this
Board concludes that Claimant is entitled to compensation
in the amount of $75.00. This sum
is
reasonable and warranted
under the facts of this case. It is so awarded. Thus, the
claim is sustained to this extent.
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Case No. 16
FINDINGS: The Public Law Board No. 4104 upon the whole record
and all of the evidence, finds and holds:
That the Carrier and the Employees involved in this dispute
are respectively Carrier and Employees within the meaning of
the Railway Labor act as approved June 21, 1934;
That the Public Law Board No. 4104 has the jurisdiction over
the dispute involved herein; and
That the Agreement was violated in part. -
AWARD:
Claim sustained to the extent indicated in the Opinion
P. S. Swanson, Employee Momber
EIA
Zan
.J. inen, Carrier Member
Mar i F. Scheinman, Neutral Member