PUBLIC LAW BOARD NO. 4104
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 B. McNew to perform snow removal work
on December 27,28,29,30 and 31, 1982, instead of calling and
using furloughed Sectionman J. Gilford, who was senior, available
and willing to perform that service.
2. As a consequence of the aforementioned violation,
Claimant J. Gilford shall be allowed forty (40) 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 three and
one-half (3~) hours of pay at the sectionman's double time
rate in effect on the claim dates."
OPINION OF BOARD: Claimant J. Gilford was a Section Laborer
in the Track and Sub-department of Carrier's Denver, Colorado
facility. Claimant held seniority as of May 17, 1978.
This claim arose out of similar facts as those set forthwith
PLB No. 4104, Case Nos. 16 and 17. We will not repeat them
here. Suffice it to say that on December 23 and 24, 1982, the
Denver area was blanketed with a blizzard. On December 27 to
the 29, Mr. B. McNew, with seniority as of June 6, 1978, performed
40 hours of snow removal work for Carrier.
On January 26, 1983, the Organization filed the instant
claim alleging that Carrier had improperly called in a junior
employee to perform snow removal work rather than Claimant, in
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Case No. 20
violation of Rules 2 and 29. 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 10:57 a.m. on December 27. The
organization disputed this contention. It provided affidavits
of Claimant and his girlfriend to the effect that the 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. 20
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 Member
.J. allinen, Carrier Member
G~
Mart' F. cheinman, Neutral Member