SPECIAL. BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY F14PIOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing to
assign Pumper J. E. Dalstein to the performance of pumping work at
Jefferson City, Missouri, beginning May
26, 1958,
and failing to assign
Pumper W. H. Register to the performance of pumping work at Jefferson City,
Missouri, beginning June
16, 1958.
(2)
Pumper J. E. Dalstein be now compensated eight
(8)
hours' pay
per day beginning May
26, 1958,
to June
15, 1958,
inclusive.
(3)
per W. H. Register be now compensated eight
(8)
hours' pay
per day beginning June 16,
1958,
and continuing.
FINDINGS: It appears that it has always been the practice to assign pumpers to
perform the work of regeneration of the water treating plant at
Jefferson City. There is no showing as to the practice in that respect at other
points. Effective May
23, 1958,
the pumper's job there was abolished and the
work thereafter was performed by water service repairman and helper. Prior to
that date a pumper had been assigned eight hours per day, seven days per week.
It is apparent that at that time there was some reduction in the
amount of work necessary to operate the plant, but from that time until September
30,
on the basis of five days' work per week, it appears that there was well in
excess of four hours per day average work required. Under such circumstances it
would appear that the Carrier was premature in its action in abolishing the
position. However, commencing October 1,
1958,
the plant process was changed,
which reduced the amount of work involved to less than one and one-half hours per
day on the basis of five days per week. Under those circumstances, there was
obviously no necessity for retaining an operating job as such.
Under the circumstances shown in appears that the claim should be
sustained on the basis ox" five days' operation per week from May
23
to September
30, 1958.
Since the finding is that the abolition was premature, it appears
that the appropriate remedy is to make the claimants whole so there should be
offset against their claims any earnings for the same period of time.
AWARD: Claim sustained in accordance with the Findings.
SPECIAL BOARD OF ADJUSTMENT N0.
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, November
3, 1959