SPECIAL BOARD of ADJUSTMENT NO.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
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 bulletin the
position of Motor Car Repairman assigned to operate the Superintendent's
Hi-Rail car at Monroe, Louisiana.
2. The Carrier further violated the Agreement by refusing to allow Motor Car
Repairman C. P. Hendrix to displace Bobby W. Burson on September
12, 1958,
on the position of Motor Car Repairman operating the Superintendent's
Hi-Rail car at Monroe, Louisiana.
3.
The Carrier now reimburse Motor Car Repairman C. P. Hendrix for the
difference between what he received as Motor Car Repairman Helper and
what he would have received as Motor Car Repairman commencing with
September 12,
1958,
and continuing.
FINDINGS
: On July 1,
1958,
the Carrier established a position with the payroll
designation and rate of motor car repairman which had for its full
time duties the work of servicing and driving the hi-rail automobile used by the
division superintendent at Monroe, Louisiana.
Operation of such automobile is not the exclusive work of Maintenance of Way
employes because it is conceded that the superintendent and others designated by
him can properly operate such automobile. Such operation in the past had been
performed by qualified motor car repairmen and helpers at that point and is and
has been regularly performed by such employes on other divisions.
It appears that when the Carrier established a position entitled Motor Car
Repairman and assigned to it duties which are regularly and normally assigned
to motor car repairmen and helpers under the Maintenance of Way Agreement, such
VDsition became subject to such agreement and employes with seniority thereunder were entitled to displace thereon.
AWARD
: Claim sustained.
SPECIAL BOARD OF ADJUSTMENT N0.
279
(s) Dudley E. Whiting
Dudley E. Whiting - Chairman
(s) A. J. Cunningham (s) G. W. Johixson
A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member
St. Louis, Missouri
July
17, 1959