PUBLIC LAW BOARD N0. 4306
BANGOR AND AROOSTOCK RAILROAD COMPANY
Parties Case No. 2
to the and Awa;d No. 2
Dispute
· BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM
Claim on behalf of Welder Helper R. F. Mayberry for
January 24, 25, 29, February 12, 14, and 15, 1985,
and Welder Helper M. B. Sprague for January 17, 18,
21 through 25, and 29, 1985.
OPINION OF THE BOARD
Carrier called a furloughed Rail Repair Foreman back into service
on a temporary basis eleven days into the Winter of 1985. It did
not recall a Rail Repair Helper to work with the Foreman, but instead
assigned an already employed Trackman to flag for the Foreman while
he worked
on the frog switches and joints needing repair.
The Organization contends that Carrier cannot assign a Trackman
to substitute as a Rail Repair Helper since flagging and protecting
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the Foreman while he is working is a duty specifically spelled out
in the Helper's responsibilities.
The Board has reviewed the record and must conclude that Carrier
erred by allowing the Trackman to cover for a Welder Helper. Carrier
cannot properly claim that the Trackman only performed part of a
Helper's duties, so no Helper was needed. When an employe is assigned
to work with a Rail Repair Foreman, a Welder Helper must be used, if
one is available. In the instant case, two furloughed Welder Helpers
were available and the most senior of the two should have been called
to assist the Foreman.
AWARD
The claim is sustained for eleven days at the
Welder Helper's pro rata rate for one employe.
r
R. E. Dennis, Neutral Member
W. E. LaRue, Employe Member D. R. J 11, Carrier Member
8
Date a Adoption