SPECIAL BOARD OF ADJUSTMENT N0.
280
PARTIES) The Brotherhood of Maintenance of Way Employes
TO )
DISPUTE) St. Louis Southwestern Railway Company
STATEMENT OF CIAIM:
Claim of the System Committee of the Brotherhood that:
1. Carrier violated the effective Agreement by assigning Extra Gang laborer
B. Holloway, Texas Division employe to work on Extra Gang No. 4, Foreman Ray Watkins,
Northern Division during the period February 10-11-12 and
13, 1959,
instead of
assigning Extra Gang laborer Ellis Morgan who holds seniority rights on the Northern
Division.
2. That Claimant Extra Gang laborer Ellis Morgan be now paid a total number
of hours as was worked by Extra Gang laborer Holloway on the dates referred to in
Part 1 of this claim.
FINDINGS
: The employes state that the Extra Gang laborers' roster is divided into
the Texas Southern Division and the Northern Division. The dividing point
is at mile post
417.53,
Texarkana, Texas. Employes holding seniority on the Texas
Division are only entitled to work on that Division and south of mile post
417.53.
Employes holding seniority on the Northern Division are entitled to perform work
only north of Mile Post
417.53.
The employes further state that the carrier called furloughed employe, Extra
Gang laborer. B. Holloway, from the Texas Division and he performed services on
Extra Gang No.
4
on February 10, 11, 12 and
13, 1959.
That he holds no seniority
rights on the Northern Division; that Extra Gang laborer, Ellis Morgan, was f~arloughed at this time and was not called back to work until February 16,
1959,
to
work on Extra Gang No.
4.
The carrier violated Rule
3-3
of the effective Agreement.
The carrier states that the work in question had to be started on February 10;
that it was emergency work and that it used employe Holloway, who held no seniority
on the Northern Division, until it could call Extra Gang Laborers who held seniority
on the Northern Division.
From the evidence presented in this claim, the Board finds that the work in
question was not emergency work and that the carrier violated the Agreement when it
used Extra Gang laborer Holloway who held no seniority on the Northern Division.
There is no showing by the carrier that it called the claimant prior to February 10,
1959,
to report to Extra Gang No.
4.
The claimant was furloughed and held seniority
on the Northern Division. Therefore, this claim will be sustained.
AWARD
: Claim sustained.
(somas C. Begley
Tho
m,M e.s C. Begley, Chairman
(s) A. J. Cunningham (s) M. L.
Erwin
A. J. Cunningham, Employe Member
M.T
L. Erwin, Carrier Member
Tyler, Texas, July
27, 1960.