SPECIAL BOARD OF ADJUSTMENT N0. 285
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
Vs.
STATEMM OF CLAIM:
1. The Carrier violated the effective Agreement when it assigned or
otherwise permitted a Section laborer to set and re-set and inspect
route of various switches at Diamond Street, Philadelphia, Pa., on
certain dates in June, July and August
1963,
in lieu of calling out
the Foreman.
2. Section Foreman A. E. Palumbo be now compensated six hours at his
time and one-half rate of pay for the Carrier's violation of the
Agreement on the following dates: June
30,
July 1, 2, 24, 25, 28,
30, 31,
August 1, 2,
6,
12 and
13, 1963.
3.
Acting Section Foreman T. Morgan be now compensated
6
hours at his
time and one-half rate of pay for the Carrier's violation of the
Agreement on each of the following dates: July
7, 8, 9,
10, 11, and
15,
1963.
OPINION OF BOARD:
The work of protecting the operation of the switches in the interlocking
plant here involved was the responsibility of the Signal Maintainer. His use of
the Section Laborer, under the circumstances here existing, to pull and reset
the track spikes in order to allow train movements through this interlocking
was not a violation of the M. of W. Agreement. This work performance of the
Section Laborer was not track work as generally recognized and defined under
said Agreement.
AWARD: Claim denied.
/s/ Lloyd H, Bailer
Lloyd H. Bailer, Chairman
Is/
A. J. Cunningham /s/ V. W. Bigelow
A. J. Cunningham, Employee Member Y. W. Bigelow, Carrier Member
Philadelphia, Pa.
June 28,
1966.