SPECIAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT Claim of the System Committee of the Brotherhood that:
OF CLAIM
:
(1) The Carrier violated the effective Agreement by allowing
others than Roadway Machine Operator Helpers to perform
certain work of that class in assisting the Operator of
Multiple Tamper No.
7
since April
9, 1958.
(2)
Roadway Machine Operator Helper A. D. Crittenden be now
compensated a day's pay at his respective pro rata rate
of pay on each of the dates commencing with and subsequent to April 9,
1958,
when this violation of the Agreement occurred.
FINDINGS
: It appears that effective at the close of work on April
9, 1958,
the carrier abolished the position of Roadway Machine Operator
Helper on Multiple Tamper No.
7.
There is no evidence presented that any
exclusive helper duties were thereafter performed by anyone other than the
operator and the carrier asserts that all of such duties were thereafter performed by the operator. The assistance of section laborers to place the machine
on the track and remove it from the track has no bearing on the need for a
helper because they always assisted in such placement and removal. Accordingl
on the basis of the evidence in this docket, the claim must be denied.
AtdARD
: Claim denied.
SPECIAL BOARD of ADJUSTMENT No.
279
(s) Dudley E. Whiting
Dudley E. Whiting -Chairman
(s) A. J. Cunningham (s) G. W. Johnson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
June
5, 1959