PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT N0. 280
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way ESnployes )
Case No.
66
and ) Award No.
66
St. Louis Southwestern Railway Company )
STATEMENT OF CLAIM:
1. Carrier violated the effective Agreement by failing to call senior
Extra Gang Laborer 0. T. Johnson for service on Gang No.
33,
Rector,
Arkansas, beginning April
3, 1961.
2. Extra Gang Laborer O. T. Johnson be now paid for a total number of
hours corresponding to those worked by the junior employee Lawrence
Ellenberg.
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, junior ehuployee Lawrence Ellenberg was told
prior to April 10,
1961
to report to Extra Gang No.
33
on April 10,
1961
and
worked on April 10, 11, 12, and
13, 1961.
The claimant replaced Ellenberg on
April 14,
1961
because he was senior to Ellenberg. The claimant was notified
on April 12,
1961
to report to Gang No.
33.
He did not report to work until
April
14, 1961.
The claimant contends that he should have been called to work with Extra
Gang No.
33
at Rector, Arkansas to start work on April 10,
1961,
in line with
his seniority instead of junior Ellenberg. Both Ellenberg and the claimant
were available to work with Gang No.
33.
The Board finds that the Carrier violated Rule
3-3
in not calling the
claimant to work April 10,
1961,
and he should be paid for April 10, 11, and
12,
1961.
He should not be paid for April
13, 1961
because he did not report
for work on April
13, 1961
of his own choice.
AWARD: Claim sustained for April 10, 71 and 12,
1961.
/s/ Thomas C. Begley
Thomas C. Begley, Chairman
/s/ A. J.
qua
A. J. Cunningham, Employee Member
/s/ M. L. Erwin
Dated at Tyler, Texas M' L.
r
Carrier Member
April 25,
1966