"SPECIAL BOARD OF ALUUSTMENT N0.
285
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
vs. Award No.
13
READING COMPANY Case No.
13
STATEMENT OF CLAIM:
1. That the Carrier violated the effective Agreement when it abolished. its.
B.& B. forces at Port Reading, New Jersey, effective July 2,
1958,
reestablishing
them on July
8, 1958.
2. That Gang Leader B. Cuiffreda, Mason J. J. Yelder, Jr., Mason Helper
John Deliman and Carpenters L. DeGuiseppe, J. Kulick, A. Zullo, A. Superior,
N. Minucci and M. Giordano be now compensated for one day's pay at their rates of
pay on account of this violation of agreement.
OPINION OF BOARD:
The subject claimants comprised a B.& B. gang assigned at Port Reading, New
Jersey. On June 30,
1958
Carrier issued a bulletin abolishing the positions of this
gang effective at the close of work on Thursday, July 3. On July 1 Carrier issued
another bulletin requesting bids for the same positions, setting the closing date
for bids as July 6. On July 3 this closing date was corrected to July 14 to allow
proper time period for bidding. The incumbents of the positions prior to abolishment
were selected as the successful bidders. Meanwhile, the same employes were returned
to work on Tuesday, July 8, pending assignment of the jobs that had been posted in
the bulletin.
The claimants were paid for the holiday occurring on Friday, July
4,
after they
had filed a protest. Thus the result of the procedure described above was that the
subject gang lost only one day's pay by virtue of not working on Monday, July.7.
Pay for this day is the issue in the present claim.
It is clear that the effect of Carrier's action was to lay off the entire crew
for one day. Management took this step in order to reduce expenses. Carrier's
obligation to operate as efficiently as possible does not justify violation of the
Agreement, however. Rule 33(a) provides in pertinent part: "Gangs will not be laid
off for short periods, but in lieu thereof junior men will be laid off." In the
present instance Carrier laid off an entire gang for a short period in direct violation of the rule. A sustaining award is therefore required.
AWARD:
Claim sustained.
(sL
Lloyd H. Bailer
Lloyd H. Bailer, Chairman
.(s) A. J. Cunningham (s) H. F. Wyatt, Jr.
A. J. Cunningham, Employe Member H. F. Wyatt, Jr., Carrier Member
Philadelphia, Pa.
June 26,
1959