SPECIAL BOABD OF ADJUSTMENT N0.
279
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
MISSOURI 1ACIFIC RAILROAD COMFANY
STATEMENT
OF CIAII: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by failing to call
Trackman Phillip Bell, Dupo, Illinois, for service on March
26, 1960,
at
10:00 P.M.
(2) Trackman Phillip Bell be now compensated at the time and one-half
rate for the amount of time worked by his juniorcommencing at 10:00 p.m.
on March
26, 1960,
and ending at
7:30
a.m., Sunday, March
27, 1960,
account
of this violation of Bell's seniority rights.
FINDINGS: The evidence shows the foreman had on previous occasions been unsuccessful
in contacting claimant through the telephone number provided by the
claimant, but there is no evidence that this fact had been called to claimant's
attention. Had claimant been so notified, the Carrier would not be obligated to
attempt contact thereby.
Claim is made for 11 hours but it appears that
92
hours were worked by
the junior man, so the claim is not valid beyond that time. Claim is for time and
one-half, but under the decisions of the N.R.A.B. can be allowed only at pro rata
for time not worked.
AWARD: Claim sustained to the extent stated in the Opinion.
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. houis, Missouri
September
27, 1962
File
247-3872