PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMEPP N0.
280
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employes )
Case No.
64
and ) Award No.
64
St. Louis Southwestern Railway Company )
STATEMENT OF CLAIM:
1. The Carrier violated the effective Agreement by failing to apply,
as of October 1,
1959,
an increase of
$3.88
to the position of Assistant
Foreman at Pine Bluff Yards, in the same manner as was the
$3.88
increase
in monthly rate applied to all other Section Foremen and Extra Gang
Foremen positions.
2.
The Carrier shall promptly readjust the rate of pay now being applied
to the position-of-Assistant Foreman. at Pine B1uff.Yard, identified as
being the position held in
1959
by Mr. 0. L. Leirer.
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 of record, the Carrier abolished its positions of Section
Foreman on September
30, 1959.
Mediation was invoked after the organization
protested the abolishment of these jobs. An agreement was reached through
mediation as of October
13, 1959
that the abolished Section Foreman position
title was changed to that of Extra Gang Foreman and as of this date, it was
agreed to take the rate of pay of all the abolished foremen positions, divide
that number by the number of positions abolished and arrive at a rate of pay
for the Extra Gang Foreman. This formula resulted in an increase in the rate
of pay for the Extra Gang Foremen who were fewer in number and resulted in an
additional
$3.88
per month.
The Assistant Section Foremen's position at Pine Bluff was not abolished
on September
30, 1959.
Therefore, his rate of pay, which had been that of
the Section Foreman, was not taken into consideration in arriving at the
$3.88
increase in the pay for the now designated Extra Gang Foreman. Therefore,
this position is not entitled to the increase of
$3.88.
AWARD: Claim denied.
/s/ Thomas C. Begley
Thomas C. Begley, Chairman
/s/ A. J. Cunningham
A. J. Cunningham, Employee Member
Dated at Tyler, Texas
Isl
M. L. Ervin
April
25, 1966
M. L. Ervin, Carrier Member