SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTMNCE 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 not bulletining
for bids the re-established position of Traveling Shop Mechanic on the Hoisington
and Horace Subdivision, which position was re-established on or about October 10,
1958.
(2)
The Carrier violated the seniority provisions of the Agreement by
failing to assign senior B&B Mechanic Ernest J. Kaiser, Gang No.
6,
to the preferred assignment of Traveling Mechanic.
(3)
Claimant Ernest J. Kaiser be now compensated
4
hours' pay at his
pro-rata rate for time lost on November
17
and December
4, 1958,
and
8
hours' pay
for time lost on January
20, 1959,
when a junior employe was allowed to work full
time on these respective dates.
(4)
The Carrier promptly post for bids the position of Traveling Shop
Mechanic, Hoisington and Horace Subdivision, with appropriate rate of pay.
FINDINGS: On September
12, 1958,
the Carrier abolished the position of Traveling
Shop Mechanic with headquarters at Hoisington. It is the contention of
the Employes that the detachment of a member of B&B Gang No.
6
to perform work away
from the gang constituted a reestablishment of that position. The only Agreement
exhibited relative to Traveling Mechanics simply establishes a pay rate "where such
positions are established" and it is shown that in some instances individuals have
been sent out from gangs to perform work but reporting their time to the gang, thus
it appears that the Carrier has an option to establish a position of Traveling
Mechanic or to utilize members of established gangs to perform detached service.
In this case it appears that during the period mentioned in the claim
Carrier had elected to accomplish work by the latter method, utilizing a mechanic
assigned to B&B Gang No.
6
to perform work sometimes with the gang and sometimes
away from it.
Under the circumstances there is no validity to the claim that the
position was reestablished or that the Carrier was required to reestablish it,
hence the claim is not valid.
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, August
9, 1962.
File:
247-3748