SPECIAL
BOARD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI PACIFIC RAILROAD COMANY
STATEMENT
OF CIASM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing
to allow senior Trackman Boyd Norris to displace his
junior Trackman John Wiley, November
9, 1959,
on Section
No. 1, Freeport Terminal, Freeport, Texas, on the assignment of operator of the Roadmaster's motor car.
(2)
The Carrier shall now reimburse Claimant Boyd Norris for
the difference in pay he received as Trackman and what he'
should have received as a Motor Car Operator beginning
November
9, 1959,
and continuing until this violation of
the Agreement ceases.
FINDINGS: The position of Motor Car Operator covering the operation of the Road
master's motor car is not listed under the scope of the Agreement and
the practice has been for Roadmasters to select their driver without regard for
seniority; thus it is obvious that such positions have not been subject to the
exercise of seniority and there is no basis for the claim.
AWARD: Claim denied.
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
27, 1962
File BMWE
32-59 cc 34-59, 35-59
36-59, 37-59, 38-59