PUBLIC LAW BOARD NO. 4104
Case No. 18/Award No. 18
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 Sectionman M. Johnson to perform snow removal
work on December 27,28,29,30 and 31, 1982, instead of calling and
using furloughed Sectionman J. Carey, who was senior, available
and willing to perform that service.
2. As a consequence of the afore-mentioned violation,
Claimant J. Carey shall be allowed thirty-eight (38) hours of pay
at the sectionman's straight time rate, twenty (20) hours of
pay at the sectionman's time and one-half rate and four (4) hours
of pay at the sectionman's double time rate in effect on the
claim dates.
OPINION OF BOARD: Claimant J.K. Corey was a Section Laborer in
the Track Sub-department of Carrier's Denver, Colorado facility.
Claimant held seniority as of May 15, 1978. Claimant was on
furlough during the dates in question.
The facts of this claim are essentially the same as those set
forth in PLB No. 4104, cases 16 and 17, with minor exception,
and we will not repeat them here. Suffice it to say, that on
December 23 and 24, 1982, the Denver, Colorado area was hit
with a blizzard. During the period extending from December
27 to the 31, 1982, 38 hours of snow removal work was performed
by Section Laborer M. Johnson; seniority as of September 18, 1978.
The Organization filed the instant claim on February 7, 1983,
alleging that Carrier improperly assigned the snow removal work
to M. Johnson, rather than to Claimant, the senior employee,
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Case No. 18
in violation of Rules 2 and 29. The Carrier timely denied this
claim. Thereafter, it was handled in the usual manner, on
the property. It is now before this Board for adjudication.
The arguments of the parties echo those set forth in the
aforementioned cases (PLB
No. 4104,
Case
Nos. 16
and 17). In
this claim,
however, Carrier
asserted that Claimant had been
called to perform the work at 10:58 a.m. on December 27. The
Organization disputed this contention. It provided affidavits
of Claimant and his wife to the effect that their phone was
in working order, but that they had received no calls from Carrier.
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. 18
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.
AWARD:
Claim sustained to the extent indicated in the Opinion.
v
. S. Swanson, Emoloyee Member
2V
"Ze'
E.J, cal inen, Carrier Member
Mar ,in Scheinman, Neutral Member