SPECIAL BOARD OF ADJUSTMENT NO. 280
Award No. 126
Case No. 206
PARTIES TO DISPUTE:
St. Louis - Southwestern Railway
- and
Brotherhood of Maintenance of Way Employes
STATEMENT OF CLAIM:
"I. Carrier violated the Maintenance of Way Agreement,
especially but not limited to Rule 2-2, Seniority,
and Rule 7-8 Work on Unassigned Days, when Track
Foreman used cutting torch and did not call welder
to perform welder duties on regular holiday, Feb.
17, 1975, at Ft. Worth, Texas.
"II. Welder T. D. Westberry be allowed 6 hours at his
respective overtime rate of pay."
FINDINGS: -
On the claim date, a Track Foreman used a cutting torch
at a derailment in the Fort Worth Yard. Claimant, a welder,
contends that he should have been called to perform the work.
The issue in this dispute is identical to that in our
denial Award No. 120, where we said:
"It is clear from the facts and circumstances of
this dispute that the claim
cannot be
sustained.
Rule 7-21 provides that employees in several sub=
departments may perform incidental welding in connection with their regular duties. Rule 7-21 is
clear indication that welders on this property do
not have the sole and exclusive right to use cutting
torches."
AWARD
Claim denied
Ne7utkn'l'~ Member
~t,l~.l?fY
Neutral, Member
all
Carrier Iteber Organization Member
5 , \`1
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