PUBLIC LAW BOARD NO. 4104
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Case No. 21/Award No. 21
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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 allowed
furloughed Section Laborer L. Calhoun to perform snow removal
work from 11:00 p.m., December 29, 1982 until 7:30 a.m.,
December 30, 1982, instead of permitting furloughed Section
Laborer N. Bailey senior, available and willing to perform that
service.
2. As a consequence of the aforementioned violation,
Claimant N. Bailey shall be allowed an additional four (4)
hours of pay at the sectionman's straight time rate and four (4)
hours of pay at the sectionman's time and one-half rate in
effect on the claim date."
OPINION OF BOARD: The relevant facts of this claim are not
in dispute. Claimant was a Section Laborer in the Track and
Sub-department of Carrier's Denver, Colorado facility. Claimant,
N. Bailey held seniority as of September 7, 1978.
The facts of this claim are similar to those set forth in
P.B No. 4104, Case Nos. 16 and 17. We will not repeat them here.
Suffice it to say that on December 23 and 24, 1902 a severe
blizzard blanketed the Denver, Colorado area. Claimant, on
furlough at the time, was called back to work on December 29 in
order to aid in snow removal. After 4 hours of work Claimant
was returned to furlough. However, junior sectionman Calhoun '
continued to work for 8 additional hours.
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Case No. 21
On January 6, 1983 the Organization filed the instant claim
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alleging that Carrier~improperly permitted Mr. Calhoun to work
8 hours longer than Claimant, despite the fact that Claimant had
greater seniority, in violation of Rules 2 and 29. Carrier -
timely denied this allegation. Thereafter, the claim was handled
in the usual manner on the property. It is now before this Hoard
· for adjudication.
The Organization urges that as Claimant was the senior
employee he should have. been permitted to perform the additional
8 hours work rather than Mr.-Calhoun. Accordingly, the
organization asks that the claim be sustained.
Carrier, on the other hand, submits that due to the emergency
weather conditions and the disparate locations of the two employees,
it was not required to relocate Claimant in order that he complete -
the work which Calhoun had been performing. 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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No. 21
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
. E.J. Kallinen, Carrier Member
Marti
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Scheinman, Neutral Member