PUBLIC LAW BOARD NO. 4104
Case No. 17/Award No. 17
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. Thornton to perform snow removal -
work on December 27, 28,29,30 and 31, 1982, instead of calling
and using furloughed Sectionmen G. Gallowicz, who was senior,
available and willing to perform that service.
2. As a consequence of the afore-mentioned violation,
Claimant G. Gallowicz shall be allowed thirty-five and one-half
(35~) hours of pay at the sectionman's straight time rate and
seven and one-half (7~) 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, G.P. Gallowicz, was a Section Laborer in the
Track Sub-department of Carrier's Denver, Colorado facility.
Claimant held seniority as of September 11, 1978. Claimant
resides in Boulder, Colorado; some 31 miles outside Denver.
Claimant was on furlough during the dates in question.
The facts of this claim are, in essence, the same as those
set forth in PLB 4104, Case No. 16. On December 23 and 24, 1982,
a blizzard blanketed the Denver area with in excess of 23 inches
of snow. During the period extending from December 27 to 31, 1982,
43 hours of snow removal work was performed by Section Laborer
E. Thornton; seniority as of October 28, 1978.
The Organization filed the instant claim on January 21, 1983,
alleging that 35~ hours of straight time work and 7h hours of
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Case No. 17
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 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. Thornton. 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 other hand, asserts that due to the blizzard
and resultant emergency conditions, it was permissible to 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. 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. 17
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.
Z~ez~, J _
P. S. Swanson, Empoyee Member
E.J.'~Kallinen, Carrier Member
Mar ti F. Scheinman, Neutra Member