PUBLIC LAW BOARD NO. 6302
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
Case No. 31
and )
Award No. 29
UNION PACIFIC RAILROAD COMPANY )
Martin H. Malin, Chairman & Neutral Member
D. D. Bartholomay. Employee Member
D. A. Ring, Carrier Member
Hearing Date: November 7, 2001
STATEMENT OF CLAIM:
I . The Agreement was violated when the Carrier assigned junior employe R. S.
Patterson to the foreman's position on Gang 9095 under Bulletin NSF02383
beginning February 27, 1997 and continuing. instead of assigning Group 19, Class
A Foreman J. P. Beach who was senior qualified and placed his bid thereon
(System File N-491/1080497).
2. As a consequence of the violation referred to in Part (1) above, Group 19, Class A
Foreman J. P. Beach shall be assigned to bulletin NSF02383 and that this bulletin
must be corrected showing the proper assignment. Further, Mr. Beach must be
allowed any loss in wages or overtime because of this improper assignment. Also,
this Claimant must be allowed any loss incurred because of away from home
expense that would not have been experienced had he been assigned to the
referred to position.
FINDINGS:
Public Law Board No. 6302, upon the whole record and all the evidence, finds and holds
that Employee and Carrier are employee and carrier within the meaning of the Railway Labor
Act, as amended; and, that the Board has jurisdiction over the dispute herein; and, that the parties
to the dispute were given due notice of the hearing thereon and did participate therein.
The instant case involves the same issues that were involved in Case No. 29, Award No.
27. For the reasons stated in that award, the claims must be denied.
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AWARD
Claims denied.
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Martin H. Malin. Chairman
D. A. Ring, *Da holoma .
Carrier Member Member
Dated at Chicago, Illinois, March 20, 2002.
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