PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT N0. 280
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes ) Case No.
9
and ) Award No.
30
St. Louis Southwestern Railway Company )
STATEMENT OF CLAIM:
1. That the Carrier violated the effective agreement when on
February 10,
1958,
it discontinued the position of regularly
assigned laborer C. Anthony at Texarkana, Texas, performing
clean-up work and unilaterally assigned it to mechanical forces.
2. That the Carrier shall be required to restore the position
and work which was improperly removed from the scope of the
current Maintenance of Way Agreement to the employee covered
thereby, and that furloughed Section Laborer J. L. Johnson
shall be paid at the respective rate of pay of the position
for eight hours each work day, beginning February 10,
1958,
and until the condition is corrected.
FINDINGS:
Upon the whole record and all the evidence, after hearing, the Board finds
that the parties herein are carrier and employee within the meaning of the Railway
Labor Act, as amended, and that this Board is duly constituted by agreement and
has jurisdiction of the parties and of the subject matter.
In February of
1953,
the shop was relocated at a point near or close to the
point in question. When the shop was relocated at this point, the work complained
of was work that could properly be assigned to other than Maintenance of Way forces.
This claim will be denied.
AWARD:
Claim denied.
(s) Thomas C. Begley
Thomas C. Begley, Chairman
(s) A. J. Cunningham
A. J. Cunningham, Employee Member
(s) M. L. Erwin
M. L. Erwin, Carrier Member
Dated at Tyler, Texas
November
19, 1962