SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY 24FLOYES
Versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) The Carrier violated the effective Agreement when, on
September
14, 1957,
ft failed to call and use Section
Foreman R. A. Story
and Section
laborers J. Sandoval and
Saul Clay to remove sand from a switch at Wichita, Kansas
and required or otherwise permitted its Trainmaster and
General Yardmaster to perform the necessary track maintenance service;
(2)
Section
Foreman R
. A. Story and Section laborers
J. Sandoval and Saul Clay each be allowed a minimum
call payment at their respective rates of pay because of
the violation referred to in Part (1) of this claim.
FINDINGS: On Saturday, September
14, 1957,
a rest day of the claimants, a
hopper door became disengaged on a car of sand permitting several
tons of sand to fall onto the tracks. A portion of that sand spread into and
clogged the switch points. The Trainmaster and General Yardmaster who were at
scene used a shovel and broom to clean the sand from the switch points.
Removal of this debris under such emergency condition to permit
continuance of the yard operations is similar to the situation involved in
Award No.
7
of this Board and what was said there governs decision here.
AWARD: Claim denied.
SPECIAL BOARD OF ADJUSTMENT N0.
279
(s) Dudley E.
Whiting
Dudley E. Whiting - Chairman
(s) A. J. Cunningham ~G. W. Johnson
A. J.
Cunningham - Employs
Member G. W. Johnson - Carrier Member
St. Louis, Missouri
June
4, 1959