PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes )
Case No. 62
and ) Award No. 62
St. Louis Southwestern Railway Company )

STATEMENT OF CLAIM:

1. The Carrier violated the effective Agreement by failing to call


2. Claimant laborer H. D. Cooper be now compensated for the number



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.

The claimant holds seniority as a laborer in the Northern Division Roster here involved. He was furloughed on January 2, 1960. At that time, he filed his name and address with Roadmaster Yarbro on whose territory he was working at the time he was furloughed. He furnished a copy to the General Chairman's office and a copy to the Chief Engineer. In the notice filed on January 2nd, 1960, he stated:



Beginning October 4, 1960, the carrier had need for the services of a laborer in Extra Gang No. 33. Instead of calling the claimant, the carrier called his junior, Ben 0. Bolin.

From the evidence of record, the claimant had complied with rules of the carrier as to his availability. On October 4, 1960, Bolin. who was junior to the claimant, was called to fill the vacancy on Extra Gang No. 33· The claimant should have been called for this vacancy. The claim will be allowed from October 4, through October 14, 1960.
AWARD :Claim sustained from October 4, through October 14, 1960.




                          'sA. J. Cunningham

                          A.~ . Cunningham, Employee Member


Dated at Tyler, Texas /s/ M. L. Erwin
April 25, 1966. M. L. Erwin, Carrier Member