PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT N0. 280
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes )
and ) Case No.
37
St. Louis Southwestern Railway Company ) Award No.
37
S`.ATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the effective Agreement by assigning
employees of the SI&MB Company to assist in clearing up a wreck
and the repairing of tracks account of derailment on the Ancel
lead of the Cotton Belt Main Line in the Illmo Yard beginning
August
8, 1959.
2. That the Carrier now compensate W. E. O'Mara, Foreman of
Section 2 and Laborers J. F. Syers, J. M. Markland, J. R. Mills,
Luther Carter, Ivory Warren and Louis Carroll, for equal proportionate share at their respective rates of pay of the total
number of man hours worked by the SI&MB employess in violation
of the Agreement claimed in part 1 of this claim.
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.
Under the circumstances produced in this record in this case, the claimant,
Louis Carroll, an available furloughed laborer, should have been used Monday
through Friday.
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
M. L. Erwin, Carrier Member
Dated at Tyler, Texas
November 19, 1962.