SPECIAL BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMPANY
STATEMENT
OF CLAM Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by allowing
B&B Foreman G. C. Ashley to displace B&B Carpenter K. C.
Meadors in the latter part of December,
1958. --
(2)
B&B Carpenter K. C. Meadors be now compensated for
5
days'
pay at his B&B Carpenter's straight time rate of pay on
account of the violation of the Agreement referred to in
part one of this claim.
FINDINGS: It appears that the Carrier violated the provisions of Rule
3(c)
in
permitting a foreman to displace claimant before exhausting his rights
in the foreman class. Under the displacement rules, claimant, when displaced, had `.
30 days to exercise displacement rights over junior employes. This he did not do
for one week after displacement. In view of the fact that it is not shown that he --
was aware that his displacement was in violation of the rules, we are unable to say
that he failed to exercise his rights within a reasonable time to the extent that
it would avoid further compensation for Carrier's violation.
AWARD: Claim sustained.
SPECIAL BQARD of ADJUSTMENT No.
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
36-58