BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYER

versus

MISSOURI MCIFIC FAILROAD COMM


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

            (1) The Carrier violated the effective Agreement by failipg'to assign furloughed Section Laborer Juan Maldonado, Section No. 142, to the peiformance of work on his ovm Section during the period November 28 through December 30, 1958.


            (2) The Carrier shall now compensate furloughed Section Laborer Juan Maldonado for 8 hours pay for each working day during the period referred to in part 1 of this claim and at his respective straight-time rate of pay.


FINDINGS: It appears that an extra gang was used in the San Antonio Yards during
 the period stated in the claim to perform normal or regular maintenance
 work because heavy rains had created a large amount of such work. The claimant was
 a furloughed laborer from Section No. 142.
Rule 29 provides that extra gangs will not be employed to the exclusion of section men. It appears that a considerable portion of the work performed by the extxagang was normally performed by section gangs. Since at that time section gang and extra gang seniority were separate, it appears that an extra gang was used to the exclusion of claimant and in violation of his seniority rights.

      AWARD: Claim sustained, less unemployment compensation and earnings in other employment.


                  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
 September 7, 1962
 File BMWE 32-58