SPECIAL BOARD OF ADJUSTMENT N0. 279
BROTHERHOOD OF MkINTENANCE OF WAY EMPLOYES
versus
MISSOURI MCIFIC RAILRGkD COMPANY
STATE=
OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing to
assign Roadway Machine Operator James E. Vaughan to the
operation of a Ford Tractor AM-43 in connection with track
work performed at Montrose, Arkansas, on January 2-7-8
-9-12-13-14-15-16-20-22-23-27-28-29 and February 3, 1959·
(2) Claimant Roadway Machine Operator James E. Vaughan be now
compensated for 8 hours' pay on each of the dates referred
to on account of this violation of the Agreement.
FINDINGS: The Ford tractor here involved is not a roadway machine within the
scope or contemplation of the Agreement but is in the nature of a
power tool or power equipment used to facilitate extra gang labor upon the dates
mentioned in the claim. Under the circumstances there can be no valid claim by a
roadway machine operator because of such operation.
AWARD: Claim denied.
SPECIAL B(tRD 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 E 247-3771