PROCEEDINGS BEFORE SPECIAL BC&RD OF ADJUST140T NO. 280
FARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes )
and ) Case No.
35
St. Iouis Southwestern Railway Company ) Award No.
35
S91TEMEENT OF CIAIM:
Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the effective Agreement by failing to assign
and compensate E. W. Thomas, Roadway Machine Mechanic, as a Roadway
Mechanic Foreman in the absence of the regular Foreman during the
period December 71 through December
31, 1959,
at the Pine Bluff
Roadway Machine Shop.
2. That the Carrier now reimburse E. W. Thomas, Roadway Machine
Mechanic, for the difference in what he was paid as Mechanic and
what he should have been paid as Mechanic Foreman during this
referred to period.
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
Tabor Act, as amended, and that this Board is duly constituted by agreement and has
jurisdiction of the parties and of the subject matter.
The evidence in this case indicated that the position classified as Shop Foreman was not filled during the absence of the regularly assigned incumbent; therefore,
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.