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 refusing to
allow Extra Gang Laborer Isaiah Cox to displace in Extra Gang
No. 2, Foreman W. J. Dees, on September 2,
1958.
(2) The Carrier now allow Claimant, Extra Gang laborer Isaiah Cox,
a day's pay for September 2,
3, 4, 5, 8, 9,
10, 11, and 12, at
his Extra Gang Laborer's rate of pay, days on which a junior
laborer was allowed to work in Extra Gang No. 2 while he was
unemployed.
FINDINGS
: The evidence in this docket as to what transpired on September 2,
1958,
is so conflicting and
uncertain that
it is impossible to make an award.
Accordingly, the claim will be remanded to the parties for disposition.
AWARD
: Claim remanded.
SPECIAL BOARD OF ADJUSTMERT 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
4, 1959