PUBLIC IAW BOARD ~D. 1844
A%kRD NO. 73
CASE
NU.
87
PARTIES TO THE DISPUTE:
Brotherhood of Maintenance of Way Employees
and
Chicago and North Western Transportation Company
STATEA,OF
__ T __
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement on December 31, 1978
and January 1, 1979, when failing to call Traces Randy
La Palme to perform overtime work at Little Lake, Michigan
and instead called Brakeman William Shiner to perform this
work. (System File 81-13-138)
(2) Trackman Randy La Palme be allowed twenty-one (21) hours
at his time and one-half rate of pay for violation referred
to wig Part One (10) of this claim.
OPINION OF BOARD:
Claimant was a regularly assigned Trackman at Ishpeming, Michigan,
with seniority date of September 6, 1977. On December 31, 1978 and
January 1, 1979 (rest day and Holiday) three Trackmen were needed to work
a derailment at Little Lake, Michigan. Two of Claimant's fellow TracIQnen
were called but he was not. Instead Carrier used a Brakeman to do necessary
Trackman work on the derailment.
The record shows that the clerk of the Roadmaster made the calls to the
employees who worked the derailment. Claimant had on file with Carrier a
telephone nunber for calls to emergency work. But.the clerk did not bother
to consult the Roadmaster's records, look up that number and call that number
because he "knew" that Claimant recently had moved. Instead, the clerk
I
allegedly tried to track
through directory assistance a new telephone
number for Claimant and, failing to do so, he called the Brakeman. In the
facts of this record, we find that Carrier did violate Claimant's seniority
rights. No attempt whatever was made to reach Claimant at the number he
had furnished Carrier for emergency use. The clerk should have called that
nmber listed by Claimant rather than assuring that Claimant could not be
reached there. Had such an effort been extended and Claimant could not have
been reached, bier would have avoided liability in this case.
Public Law Board No. 1844, upon
finds and holds as follows:
whole record and all of the~evidence,
2. that the Carrier and Employee involved in this dispute. are, respectively, Carrier ,and Employee within the meaning of the Railway Labor Act;
2. that the Board has jurisdiction over the dispute involved herein;
and
3. that the Agreement was violated.
Claim sustained. Carrier is to implement this Award
within thirty (30)days of issuance.
Dana
EscTien
'-H_._G:'_Tarper, ~E.oye~ Member
Date:
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