AWARD NO. 10
NMB CASE NO. 10
UNION CASE NO. 10
COMPANY CASE NO. 10
PARTIES TO THE DISPUTE:
Boston and Maine Corporation
- and -
Brotherhood of Maintenance of Way Employes
STATEPEM OF CLAIM:
Claim of the System Committee of the Brotherhood that:
1. The Agreement was violated when the Carrier improperly
abolished the position of Work Equipment Operator K.
Bergeron effective April 25, 1986 without giving him at
least five (5) working days' advance notice thereof and
when the Carrier subsequently prevented him from
returning to a position to which his seniority entitled
him.
2. The Carrier failed to disallow the claim (submitted
under date of June 12, 1986) as contractually stipulated in Article V of the August 21, 1954 National
Agreement.
3. As a consequence of the violations referred to in Parts
(1) and/or (2) above, the Claimant shall be compensated for all wage loss suffered including overtime and
shall have all vacation rights and health and welfare
benefits restored beginning May 19, 1986.
IOL13 4&O
AWARD NO. 10
NMB CASE NO. 10
UNION CASE NO.,10
COMPANY CASE NO. 10
a
OPINION OF BOARD:
With the exception of the Claimant named, the facts in this
case are identical to the facts in Award No. 9 on this Board. In
addition, with the exception of the inapplicability of Decision
MW-39 to this case, the facts are those found in our Award No. 6
on this Board.
For the reasons set forth in detail in those Awards, the
instant claim is partially sustained in the same manner
enunciated therein.
46611
AWARD NO. 10
NMB CASE NO. 10
UNION CASE NO. 10
COMPANY CASE NO. 10
3
Claim sustained in part, in accordance with the
findings enunciated in the above award.
E1 lath C. Wesman, Chairman
Dated at Ithaca. New York on 9 December 1993
Union member Company Member
Dated at Southfield,
MI
Dated at".
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