PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 280
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
senior laborer H. D. Cooper for work on Extra Gang No.
33,
beginning
October
4, 1960
and ending October
14, 1960.
2. Claimant laborer H. D. Cooper be now compensated for the number
of work days lost to him because of the Carrier's violation of the
Agreement, referred to.
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:
"I am available for work and can be reached at the following
address, RT.
4,
Box 42-A, Paragould, Arkansas."
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.
Is/
Thomas C. Begley
Thomas C. Begley, Chairman
'sA. J. Cunningham
A.~
. Cunningham, Employee Member
Dated at Tyler, Texas
/s/ M. L. Erwin
April 25,
1966.
M. L. Erwin, Carrier Member