SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 262
Case No. 262
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
 
(Former Missouri Pacific Railroad Company)
Statement
of Claim: (1) Carrier violated the Agreement when on January 28, 29,
 
30, 31 and February 21, 22, 25, 26, 27, 28, 1985, the
 
Section Gangs were laying rail in the Little Rack Terminal
 
using system Rail Gang 6801 equipment. Mr. A. C. Gilreath
 
is the assigned operator on the SS-29 on the System Rail
 
Gang 6801. During these operations the SS-29 was operated
 
by Mike Thollen:
(2) Time is being claimed by and in behalf of Mr. Gilreath
for eight hours each day listed above totaling 80 hours at
the time and one-half (overtime) rate which he would be
entitled to if he had been contacted to perform the work of
laying rail on dates listed above.
Findings:  This Board has jurisdiction by reason of the Parties
  
Agreement of January 5, 1959.
  
This is the second of the two cases arising from the
 
set of facts that were referred to in our Award No. 259 the
 
findings of which by reference is incorporated herein.
  
The Claimant is a System Rail Gang Machine Operator.
 
The Employees assert that he should have been used on his
 
accrued rest days to operate Speed Swing SS-29, assigned to
 
the System Rail Gang but which was used by the division
 
forces because theirs was out of service.
  
The only difference between this case and that in our
 
Award 259 is the fact that this Claimant's name did not
 
appear among the Claimant filed for therein. However, the
 
contention against use of Division forces using the SS-29
 
machine did. Here, as there, these_claims,will also be
denied.
Award: Claims denied.
So Hamnons, Jr. Em yee Mem er  ~ J ~ Carrier Mem er
  
dl
 
Ar uan Wart, Chairman
and Neutral Member
Issued February 6, 1989.