PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 1016
AWARD NO. 3
Case No. 3
Referee Fred Blackwell
Carrier Member: R. O'Neill Labor Member: S. V. Powers
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed
and refused to allow Welder E. Dillon pay at the welder foreman's
rate for the work he performed September 17, 1984 through November
14, 1984 and when it failed and refused to bulletin the position
of welder foreman at Wick, Ohio (System Docket CR-1476).
(2) Welder E. Dillon shall be allowed the difference between what he should have received at the welder foreman's rate
and what he was paid at the welder's rate for three hundred fiftyfive (355) hours of straight time and one hundred fifty-eight and
one-half (158 1/2) hours of time and one-half and the position of
welder foreman at Wick, Ohio shall be advertised and assigned to
the successful applicant.
FINDINGS:
Upon the whole record and all the evidence, and after
hearing on December 5, 1988, in the Carrier's Office, Philadelphia, Pennsylvania, the Board finds that the parties herein are
Carrier and Employees within the meaning of the Railway Labor Act,
as amended, and that this Board is duly constituted by agreement
and has jurisdiction of the parties and of the subject matter.
OPINION
In line with the discussion and findings in prior Award
1
SBA No. 1016 / Award No. 3, Case No. 3
No. 2, Case No. 2, the herein claim will be denied for lack of
adequate evidence to establish that the Claimant perforated Welder
Foreman work involving the duty to "Direct" the other gang
members.
AWARD
Claim denied.
BY ORDER OF SPECIAL BOARD OF ADJUSTMENT NO. 1016
Fred Blackwell, Neutral Member
i
S. V. Powers, Labor Member
R. O'Neill, Carrier Member
Executed on
,lT~
S , 1989
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