AWARD No.
25
AWARD pro. 26
SPECIAL
BOARD OF ADJUSTMENT 110.
279
BROTHERHOOD OF MAINTENANCE OF WAY EeLOYES
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 call Section laborers Dave Ross and Matthew Morrow for
overtime work on February 1,
1958,
to make track repairs
in Palestine Yard as result of a derailment.
(2) Section laborers Dave Ross and Matthew Morrow be now
reimbursed for seven
(7)
hours each at the time and
one-half rate account of this violation of the Agreement.
FINDINGS
: The only issue in this claim is one of fact as to whether efforts
were made to call claimants for emergency work and whether they were
available for such call.
A collision occurred at
10:4.5
p.m. and the crew reported at 1:00 a.m.
and worked until 8:00 a.m. The claimants show that they were available for call
at 1:00 a.m., but make no showing as to their availability prior thereto. It is
obvious that employes would be called prior to 1:00 a.m. when they were starting
work at 1:00 a.m. Other evidence shows attempts by the foreman and others to
contact the claimants prior to 1':00 a.m. without success.
On the evidence presented in this docket the claims are without
merit.
AWARD
: Claim denied.
SPECIAL BOARD
OF ALUUSTMENT NO.
279
(s) Dudley B. 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
July 17, 1959