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 allowing Section Foreman
Thyfault to displace Section Laborer Lyle E. Simnitt on December 10,
1958,
at Blue Rapids, Kansas.
(2) Section Laborer Lyle Simnitt now be compensated for expenses incurred
because of this referred to improper displacement in the amount of
$3.00 per day, five days per week and
7¢
per mile for the use of his
car on each day subsequent to December 10,
1958,
that this violation of
Agreement is allowed to continue.
FINDINGS
: E. A. Thyfault was working as foreman on extra gang No. 1 and notice
was given of abolishment of that gang effective December
16, 1958.
Thyfault wrote to the Carrier with copy to the local chairman and the general
chairman on December
4, 1958,
advising that he wished to give up his rights as
section foreman and return to section 30, Blue Rapids, as a laborer effective
December
8.
On December
6
the local chairman wrote him calling attention to the
necessity of agreement for placement under Rule 12(g) with a copy to the Carrier.
Nevertheless, on December
9
Carrier official wired Thyfault that it was satis
factory for him to return as a laborer as requested.
Rule 12(g) is as follows:
"No demoted employe will be allowed to exercise his seniority in a
lower classification except by agreement between the management and the local .
and/or general chairman."
It appears that when Thyfault elected to give up his rights as a
section foreman that he voluntarily demoted himself and became subject to the
provisions of Rule 12(g). Seniority rights are those provided by the contract
so it was improper for the Carrier to place him as he requested in the absence
of agreement as required by Rule 12(g).
Part 2 of the claim is for expenses of a section laborer who was displaced and assigned to another gang. There is no evidence of any payment of actual
expenses and no provision in the rules to sustain such a claim.
AWARD
: Part 1 of the claim sustained. Part 2 of the 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
4, 1959