SPECIAL BOARD of ADJUSTMENT NO.
285
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
vs Award No. 21
READING COMPANY Case No. 21
STATEMENT OF CIAIM
:
1. The Carrier violated the effective Agreement by failing to call Section
Laborers Richard Knapp and Leo Gibson to perform snow removal work at
Rutherford Yard East End during the period from
5:30
p.m., March
16,
until 7:00 a.m., March 17,
1960.
2. That Claimants Section Laborers Richard Knapp and Leo Gibson shall -
now be reimbursed for the amount of time referred to above at the
time and one half rate account of employes not covered by the Scope
of this Agreement performing work of the class belonging to these
two claimants.
OPINION OF BOARD
:
Beginning on March
16, 1960,
snow fell at the Carrier's classification yard at
Rutherford, Pa., located five miles from Harrisburg, Pa. The Carrier states its
records show that the snow accumulation at this point was two inches and the temperature
30
degrees as of
6:00
a.m. on March
17.
The Organization points to U. S.
Weather Bureau data compiled at the Harrisburg-York State Airport, which indicated
a snow accumulation of
6.2
inches for March
16-17,
with average wind speed being
8.2
and
5.0
miles per hour and the "fastest mile"
17
and
12
m.p.h. on these two
days respectively.
For the period of
5:30
P.m. on March
16
until 7:00 a.m. on March 17, the
Carrier called out one foreman, one sub-foreman and four track laborers to clean
switches in the area of the Rutherford classification yard. The two least senior
laborers in this gang were not called out at this time. During the snowfall
members of the second and third trick yard (train) crews also cleaned switches in
the area and that train personnel cleaned snow from
19
switches during the period
involved.
It is contended by the Organization that the Carrier used the train personnel
to augment the six track force men called out, and thus as a substitute for calling
out the two additional gang laborers. It is asserted that the two laborers not
called were available for this work and that the Carrier improperly deprived them
of work to which they were entitled under the M of W Agreement. The Carrier responds that in the ,judgment of supervision the number of track force employees called
out to clean snow from switches was sufficient for the snow conditions that prevailed and that there is no contract restriction upon the use of train personnel to
clean switches in connection with their own movements.
The weight of the evidence indicates that the amount of snow and the prevailing
wind conditions combined to create a situation substantially more severe than described by the Carrier. If the snow accumulation at Rutherford had varied from only
- 2 - Award No. 21
one-half inch as of 6:01 p.m. on March 16 to two inches as of 6:00 a.m. on March 17,
as the Carrier states, and if there was no wind condition of any significance, it
is difficult to believe that any track force personnel would have been called out
on overtime or that train employees would have found it necessary to clean 19
switches. Management cannot be expected to predict with precision all snow conditions or the amount of manpower that will become necessary to handle the situation.
In the instant case, however, we are of the view that there was sufficient basis
for supervision to foresee that additional snow cleaning assistance was needed-if not as of
5:30
P.M. on March 16, certainly as of a time prior to 7:00 a.m. on
March 17. This was not an emergency situation for which Management could not
reasonably have been expected to be prepared.
Since the cleaning of snow from switches is nomally work accuring to M of W
employees, and inasmuch as there were no extenuating circumstances in explanation
of the Carrier's failure to call out additional track laborers in the instant
situation, the claim will be sutained but at pro rata rate.
AWAFD:
Claim sustained to the extent indicated in the above Opinion.'
(s) Lloyd H. Bailer
Lloyd H. Bailer, Chairman
(s) A. J. Cunnin~ham (s) H. F. Watt, Jr.
A. J. Cunningham, Employee Member H. F. Wyatt, Jr., Carrier Member
Philadelphia, Pa.,
March 17,
1961.