SPECIAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee that:
"(1) Carrier violated the Memorandum Agreement
of September 16, 1980 when Trackman E. W.
Oswald, Kansas Division, was allegedly
not permitted to exercise displacement
rights after the gang elected to work a
three-day work week beginning March 29,.1982.
(2) Claimant,shall be allowed a total of 48
hours at his overtime rate for work in
excess of eight hours on March 29, 30,
31 and April 5, 6, 7, 12, 13 and 14>
1982, and any future overtime until he
is allowed to exercise seniority."
FINDINGS: The Carrier did not comply with the provisions
of the Letter Agreement of September 16, 1980
requiring the signing of a form by gang members and provision
of a copy thereof to the General Chairman when it changed
the claimant's schedule to a three-day work week. The fact
that he was offered a cutoff letter does not obviate that
agreement requirement.
When the claimant later bid to another gang
and then bid back to this gang, he must be deemed to have
signed for the three-day week and precluded any further
claim, so his claim can only be sustained until he bid
onto another gang.
AWARD: Claim sustained to the event stated in the findings.
SPECIAL ?1RD OF AD 279
Dud ey EG/~iti~ng~ CCch~a~a Pan
M. . Christie . E. Naro
Employee Member Carrier Member
March 9, 1984
File: 247-6462