BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

versus

MISSOURI PACIFIC RAILROAD COMPANY


STATEMENT Claim of the System Committee of the Brotherhood that:
 OF CLAIM :
 (1) The Carrier violated the effective agreement on July 20,
 1957, when it failed to call and use Section Foreman
 J. S. Reynolds and Section Laborers 0. L. Allen and C. L.
 Greenlee, to clean gravel from the street crossing at Webb
 City, Missouri and required or otherwise permitted Train
 Service employes to perform the necessary track maintenance
 service.
 (2) Section Foreman J. S. Reynolds and Section Laborers 0. L.
 Allen and C. L. Greenlea each be allowed a minimum call e
 payment at their respective rates of pay accoLzat of the
 violation referred to in Part (1) of this claim.
 FINDINGS : On Saturday, July 20, 1957, a rest day of the claimants, a train crew
 found that gravel had been spilled on the tracks at a street crossing
 from trucks crossing over the tracks. To avoid any hazard of de=ailment by gravel
 in the flangeways, the conductor on the switch engine procured a shovel and removed
 the gravel in a few minutes time.

 Such action is not a violation of the agreement because it does not constitute track maintenance. It is rather simply emergency clearing of debris from the track to make possible the passage,of the engine. Under such circumstances the claim is without merit.

 AWARD : Claim denied.


                  ` Dudley E. idhiting,- Chairman


-(s) A. J. Cunningham s) G. W. Johnson
 A. J. Cunningham - Employe Member G. W. Johnson - Carrier Member

 St. Louis, Missouri June 1+, 1959