PUBLIC LAW BOARD NO. 5418
Case No. 37 Award No. 37
PARTIES
Brotherhood of Maintenance of Way Employes
to - and -
DISPUTE:
Springfield Terminal Railway Company
STATEMENT OF CLAIM:
Claim in behalf of T.G. Smith, for the difference in pay from a Trackman's
rate to a Foreman's rate beginning January 28, 1999, because the Carrier
failed to comply with an arbitration decision dated December 18, 1998. The
Carrier failed to give Mr. Smith the specifics of why he was removed from
The FR.A Foreman's list.
FINDINGS: This dispute came about because the Organization alleges that the Carrier failed to
comply with Award No. 23 of PLB-5418, dated December 18, 1998. They assert the Carrier did
not give the claimant the specifics as to why he was removed from the FRA Foreman's list.
A review of the record shows the Carrier's Chief Engineer sent a certified letter to the claimant
on February 3, 1999, wherein he listed claimant's shortcomings under 213.7 of the Track Safety
Standards. While the contents of this letter did not meet the specificity expectations of the
Organization, it was, in the Boards view, sufficient-to show compliance with the requirements of
the aforementioned Award. Accordingly, the claim is not worthy of the payment of damages, and
it is denied.
AWARD: The claim is denied.
Fran J. Domzaf#ki
Neu Memb ~Je
T. W. McNulty B. A. Wfter
Carrier Member Organization Member
~'
y 33~
Dated:
~-3l-aooo