BEFORE PUBLIC LAW BOARD NO. 6568
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
And
BANGOR & AROOSTOOK RAILROAD COMPANY
Case No. 1
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Agreement when it failed to bulletin
positions on the system construction crew at Derby and when,
after abolishing the system tie crew effective December 2, 1999,
it failed to allow the system tie crew employees to exercise their
seniority and instead force assigned said employees to work on
the system construction crew at Derby beginning December 3
and continuing through December 30, 1999 and then failed and
refused to pay said employees full expenses, including daily
travel time and mileage, for such assignment.
2. The Carrier fiurther violated the Agreement when, after abolishing
Trackman R. Kennedy's position effective December 2, 1999, it
refused to allow Mr. Kennedy to exercise his seniority to displace
junior trackman on the Oakfield Section and instead force assigned
him to work on the system construction crew at Derby beginning
December 3 through December 30, 1999 and failed and refused to
pay Mr. Kennedy proper expenses for such force assignment.
3. As a consequence of the violation referred to in Part (1) above,
the system tie crew employees force assigned to work on the
system construction crew at Derby shall now each be paid full
expenses, including daily travel time and mileage, for each day
they worked at Derby beginning December 3 and continuing
through December 30, 1999 and the Carrier must bulletin the
system construction crew positions.
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mileage of one hundred ninety-two (192) miles at thirtyone (31) per mile and the ($4.00) daily dinner allowance
for each day he worked on the system construction crew
at Derby beginning December 3 and continuing through
December 30, 1999.
FINDINGS:
During the hearing, the parties reached a resolution of Case No. 1, which was
therefore withdrawn.
JO PARKER, Neutral Member'
CARRIER ER' O ZATION ER
DATED: _2 . /7 DATED:o~-a-7-o3