PUBLIC LAW BOARD NO. 5418
Case No. 47 Award No. 47
PARTIES Brotherhood of Maintenance of Way Employes
to -and-
DISPUTE: Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"(a) Carrier violated the rights of Claimant R. Langdon under
the provisions of Article 2, Section 2.3 of the current agreement
when it assigned employees from another System Seniority Zone
to perform work in the home System Seniority Zone of the Claimant
while he was in a furloughed status.
(b) Claimant Langdon shall be compensated a total of 24 hours at
the Trackman's Straight time rate and 8 hours at the overtime rate
for this violation."
FINDINGS: The claimant initiated 3 claims, alleging that he was denied work opportunity when
the Carrier utilized Track Department employees to perform trackman duties in his work zone
while he was furloughed. He contends that such actiqn was in violation of Article 2 Intra-Craft
Jurisdiction 2.3.. The Organization avers he has the right and requirement to cover work in his
home zone.
The Carrier contends that the senior employees used in this case were Track Department
employees, and as such, can perform any work accruing to the Track Department for which they
are qualified to perform. To support their position, they point to the undisputed fact that during
each winter season when dozens of Trackmen are furloughed, other Track Department
employees (Foremen, Equipment Operators, Chauffeurs etc.) routinely perform trackman's work
without claim. Additionally, they state there are no agreement provisions that give the claimant
any preference to the daily assignment of work.
PLB No. 5418 C-47/A-47
Page 2
Upon review of the parties' submissions and the established facts of this case, the Board finds
no rule to support the Organization's claim. In this case, the Carrier simply used Track
Department employees to perform trackman's work, which we find to be permissible under the
existing agreement. Therefore, based on the facts presented, we find the claim to be without
merit and it is denied.
AWARD: The claim is denied.
Franci omzals
Neu ember
U
T. W. McNulty B. A~ Winter
Carrier Member Organization Member
Dated: 8-·z~-Sao 3