SPECIAL. BOARD OF ADJUSTMENT NO.285
BROTHERHOOD OF MAINTENAhTCE OF WAY EMPLOYES
VS.
STATEMENT OF CLAIM:
1. The Carrier violated the effective Agreement on March 18 and 21,
19632
by assigning or otherwise permitting Signal Maintainers
A. E. Gilfillan and J. M. Gately to operate crossing gates at
Conners Crossing on account of work train working in circuit.
2. The Extra Crossing Watchmen or the regular Watchmen off duty be
now paid two days' pay, at pro rata rate, account of this referredto violation.
OPINION OF BOARD:
On the dates in question a work train delivered a supply of ties in the
vicinity of Conners Crossing, Cressona. The subject crossing is protected
by automatic gates which are activated by train circuits. No Crossing Watchman normally is in attendance. On both claim dates the work train was situated
on the actuating circuit of the automatic gates, thereby necessitating manual
operation of the crossing gates. The Carrier assigned two Signal maintainers
to operate these gates.
The activation of the signal mechanism of automatic crossing gates is not
exclusively reserved to any craft. However, in the instant case the activation of the gates was performed for the purpose of directing highway traffic,
which is a function traditionally performed by crossing watchmen under the
M. of W. Agreement, or by trainmen when incidental to the movement of their
own train. Under the circumstances, the claim must be sustained.
AWARD: Claim sustained.
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Chairman
/s/ A. J. Cunningham
Is/
V. W. Bigelow
A. J. Cunningham, Fhployee Member V. W. Bigelow, Carrier Member
Philadelphia, Pa.
June 28,
1966.