PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT N0. 28o
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes )
and ) Case No.
36
St. Louis Southwestern Railway Company ) Award No.
36
STATEMENT OF CIAIM:
Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the effective Agreement by failing to call
furloughed Bridgeman C. L. Brack to return to service in his B&8
Gang on No. 2 on March
7, 1960,
and continuing.
2. That Bridgeman C. L. Brack be now compensated for his loss of wages
due to the Carrier's failure to call him back to Bridge Gang No. 2
when a vacancy occurred beginning March
7, 1960
and continuing.
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.
From the evidence produced at the hearing, the Board finds that the Carrier
made one attempt to locate the claimant on Sunday. This attempt was not sufficient
to warrant not making an attempt on Monday to contact this claimant prior to calling
a junior employee on Monday to commence work on Tuesday. The claim will be sustained
for hours worked by the junior employee Tuesday through Friday, inclusive, at the
pro rata rate.
AWARD:
Claim sustained in accordance with the Opinion.
(s) Thomas C. Begley
Thomas C. Begley, Chairman
(s) A. J. Cunningham
A. J. Cunningham., Employee Member
(s) M. L. Erwin
Dated at Tyler, Texas M. L. Erwin, Manager Personnel
November 19,
1962.