SPECIAL BOARD OF ADJUSTMENT NO. 280
Award No. 130
Case No. 210
PARTIES TO DISPUTE:
St. Louis - Southwestern Railway
and
Brotherhood of Maintenance of Way Employees
STATEMENT OF CLAIM:
"I. Carrier violated the Maintenance of Way
Agreement, especially
but
not limited to Rule
2-2 - Seniority, Rule 5-1(a) and
(b) - Pro
motions and Transfers, Rule 5-4(a), and Rule
5-5, and Addendum No. 7, when it assigned
position of Foreman to M. A. Zimmerman which'
should have been assigned to Mr- L. D. Nelson
on Extra Gang No. 40, on September 9, 1975.
"II. Assistant Track Foreman L. D. Nelson be
allowed the difference in pay rate allowed as
Assistant Foreman and rate applicable to Fore
man's position beginning September 9, 1975,
until date that he is assigned as Track Foreman."
FINDINGS:
This is a companion case to that in our Award No.
122 where the Board sustained the claim on the grounds and
for the reason that Carrier failed to show that Claimant had
insufficient ability
to perform the work of Assistant Foreman.
On the basis of our finding in Award No. 122, this
claim must be sustained.
AWARD
Claim sustained. Carrier is directed to make
payment within 30 days of this award.
Neu al Member
Organization Member
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