SPECIAL BOARD
OF
ADJUSTMENT N0.
205
BROTHERHOOD OF I&INTEIi4NCE OF WAY EMPLOYES
vs,
READING COMNY Award No.
35
Case No.
35
STATEMENT OF CLAIM:
1. The Carrier violated the effective agreement by failing to call
James P. Flynn, furloughed Gang Leader Carpenter, to relieve Gang
Leader Carpenters S. Perun and L. Mills, while they were on
vacation during the period October
31
to November 18,
1960.
2.
That the Carrier shall now compensate James P. Flynn, furloughed
Gang Leader Carpenter, for a day's pay at the Gang Leaders' rate
of pay for each and every day he was not assigned during the period
referred to in Part 1 of the claim.
OPIPIION
OF
BQ&RD:
Under Article
6
of the Vacation Agreement the Carrier was not required to provide vacation relief in the gang leader position that was filled by advancing
regular carpenter C. D. Deibler, Jr. However, if relief was to be provided in this
position, the Carrier was required to observe seniority in-supplying-such relief.
Since Claimant Flynn was senior to Deibler as a gang leader, although junior to him
as a carpenter, the Carrier was contractually required to assign the claimant to
the gang leader position on the dates in question instead of Deibler.
AWARD:
Claim sustained.
(s) Lloyd H. Bailer
Lloyd H. Bailer, Chairman
(s) A. J. Cunningham (s) H.
F.
Wyatt, Jr.
A. J. Cunningham, Employee Member H.
F.
Wyatt, Jr., Carrier Member
Philadelphia, Pa..
January
29, 1963.