BEFORE PUBLIC LAW BOARD No. 6568
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
And
BANGOR & AROOSTOOK RAILROAD COMPANY
Case No. 7
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier improperly
abolished Surfacing Crews 1 and 2, failed and refused to
bulletin construction crew positions the member of the
surfacing crews were required to occupy and failed to allow
Foreman P.G. McGillicuddy and Equipment Operators W.
C. Lunn, G.W. Willette, and Galen J. Nickerson overtime
pay and mileage commencing November 1, 1999 and
continuing until December 30, 1999 for each day the
employee worked in that time period.
(2) As a consequence of the violation referred to in Part (1)
Above, the Claimants shall be allowed remedies as follows:
Foreman Paul McGillicuddy is entitled to be paid
daily travel time at the overtime rate and mileage as follows.
232 miles round trip daily @ $0.31 per mile for a total of
$71.92 and 4 hrs OT daily travel time at the surfacing crew
foreman rate of $16.67 per hours for a total of $100.04 daily
for each day he as worked on the Construction Crew at
Derby starting November 1, 1999.
Equipment Operator Wayne Lunn is entitled to be
paid daily travel time at the overtime rate and mileage as
follows. 304 miles round trip daily @ $0.31 per mile for a
total of $94.24 and 6 hr OT daily travel time at the MK OV
Operators rate of $15.76 per hour for a total of $141.84 daily
for each day he has worked on the Construction Crew at
Derby starting November 1, 1999.
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Equipment Operator Gary Willettee is entitled to be
paid daily travel time at the overtime rate and mileage as
follows. 344 miles round trip daily @ $0.31 per mile for
a total of $106.64 and 7 Ins OT daily travel time at the Ballast
Regulator Operators rate of $15.47 per hour for a total of
$162.47 daily for each day he has worked on the Construction
Crew at Derby starting November 1, 1999.
Equipment Operator Galen Nickerson is entitled to he
paid daily travel time at the overtime rate and mileage as
follows. 244 miles round trip daily @ $0.31 per mile for
a total of $75.64 and 4 Ins OT daily travel time at the Switch
Tamper Operators rate of $15.19 per hour for a total of
$91.16 daily for each day he has worked on the Construction
Crew at Derby starting November 1, 1999.
FINDINGS:
During the hearing, the parties reached a resolution of Case No. 7, which was
therefore withdrawn.
OAN PARKER, Neutral Member
C MEMBER OIMPVV '98,
~NIZATION
DATED:
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