SPECIAL
BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
_ versus
MISSOURI FACIFIC HAILR04D COMPANY
STATEMENT
OF CIAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing to
assign section laborers Ramon Cervantes, Sigifredo Guerra,
Jerry Kleprlik, Frank Perez, and Nestor Rodriguez to the
performance of work on their own Section during the entire
month of December
1958.
(2)
The Carrier shall now compensate furloughed Section laborers
as named in part one for 8 hours' pay on each working day
during the period referred to at their respective straight-time
rate of pay.
FINDINGS: In general, disposition of this claim is governed by our award in
Case No.
64.
In addition thereto, it appears that Claiamant Perez claimed pay for
Christmas Day, on which no work was performed, and for five days on which he performed service as crossing watchman and hence was not available. Claims for these
dates disallowed.
It appears that Claimant Guerra claimed pay for December
31,
on which day
he worked as a laborer on Section No.
142,
so claim for that date is disallowed.
It appears that Claimant Kleprlik claimed pay for December
9
when he was
working as a crossing watchman and not available, so claim for that date is disallowed.
Otherwise, claims are allowed, less unemployment compensation and earnings in other employment.
AWARD: Claim sustained to the extent stated in the Findings.
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
33-58