PROCEEDINGS BEFORE SPECIAL BOARD OF ADJUSTMENT N0. 280
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees)
Case No. 83
and )
Award No. 84
St. Louis Southwestern Railway Company )
STATEMENT OF CLAIM:
1. The Carrier violated the effective Agreement between the
Carrier and the Brotherhood of Maintenance of Way Employes when it
failed and refused to recall furloughed Carpenter E. H. Reeves, 212
Maple Street, Brinkley, Arkansas, to perform carpenter work in lieu
of using bridge and building employes to perform carpenter's work at
Brinkley and Stuttgart, Arkansas.
2. The Carrier shall be required to compensate Claimant
E. H. Reeves for 32 hours at Carpenter No. 1 rate of pay for carpenter work performed on platform at Brinkley, Arkansas, by two bridgemen on Foreman Beardsley's B&B Gang Number 3, during the first week
of July, 1963, or thereabout.
3. The Carrier shall be required to compensate Claimant
Reeves for 120 hours at Carpenter No. 1 rate of pay for carpenter's
work performed by five bridgemen on Foreman Beardsley's B&B Gang
Number 3, rebuilding and repairing platform at station at Stuttgart,
Arkansas, beginning on or about July 15, 1963.
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 Board finds that the Carrier
has shown that the Bridge Gang has rebuilt
unloading platforms
when .
they used creosoted timber on 27 dates before claim date and seven
dates after claim date. It was not shown conclusively what kind of
platforms were made on claim dates. This claim will be remanded back
to the parties to ascertain by a joint check what type of platforms
were made on claim dates and whether or not this work is carpenter
work or Bridge Gang work.
r 'r
- 2 - AWARD NO. 84
AWARD;
Claim disposed of in accordance with findings.
/s/ Thomas C. Begley
Thomas C. Begley, Chairman
/s/ A. J. Cunningham
A. J. Cunningham, Employee Member
Js/ M. L.~ Erwin
M. L. Erwin, Carrier Member
Issued at Cleveland, Ohio
this 3rd day of April, 1968