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 of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing to
assign senior available furloughed Bridge and Building Foreman Tony
Walston to perform the work of B&B Foreman at Palestine, Texas, but instead
assigned such
Foreman work to the B&B Supervisor and others outside
the Scope of the Agreement.
(2)
The Carrier now compensate furloughed B&B Foreman, Tony Walston
eight hours pay at the B&B Foreman's rate for each regular workday retroactive sixty days from July
30, 1958,
until the Foreman's position is
properly filled at Palestine or this violation of the Agreement is discontinued.
FINDINGS
: On December
19, 1956,
the B&B Yard Gang No.
6
at Palestine was
abolished. One of the members of that gang was the Scale Carpenter
who continued to work out of that point, and no objection can be raised because
that is the normal way such a position operates. Some time later two carpenters
from Gang No.
3
were assigned to work out of Palestine, primarily with the Bridge
Inspector, and continued to be carried on the time rolls of Gang No.
3.
Work
with the Bridge Inspector is generally detached from the gang,
wherever its
headquarters, thus it does not appear that there was any necessity for maintaining
or recreating a job of Bridge and Building Foreman at
Palestine.
AWARD
: Claim denied.
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