SPECIAL BOARD OF ADJU.' N0.
285
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
STATEMENT OF CLAIM:
1. The Carrier violated the effective Agreement when on January
14
and
15, 1964,
it released both the inspection Gang Foreman and the Maintenance Gang Foreman at Park Junction while continuing to keep
employed two Maintenance Gang laborers and one Inspection Gang
Laborer cleaning snow from switches.
2.
Alfred Paris, Maintenance Gang Foreman at Park Junction be now
paid
3-1/2
hours at the time and one-half rate;
7-1/2
hours at
the double time rate; and the difference between the straight
time and time and one-half rate of pay for the period
8:00
A.M.
to
3:30
P.M. on January
15, 1964.
OPINION OF BOARD:
In the subject instance the Carrier retained two Maintenance Gang Laborers
and one Inspection Gang laborer on overtime from
8:30
P.M. on January
14, 1964
until
3:30
P.M. on January
15, 1964,
to accompany various traveling switchers
in order to clear drifted snow from switches. However, both the Maintenance
Gang Foreman and the Inspection Gang Foreman, who normally supervised these
laborers, were sent home at
8:30
P. M. on January
14, 1964.
Claim is made
in behalf of the Maintenance Gang Foreman, Alfred Paris, for the overtime
hours worked by these Laborers. Claimant Paris worked his regular schedule
beginning at 7:00 A.M. on January
15, 1964.
The record discloses that during the overtime hours in question, each
of the three laborers traveled on a different engine and worked at different
locations in snow removal work which they previously had been doing on the
same day. It would not have been practicable for the Claimant Foreman to
instruct or supervise these laborers under such conditions. This was not a
situation where the gang, or part of the gang, was performing work as a unit-in which case the Foreman's supervision would have been required.
AWARD: Claim denied.
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Chairman
/s/ AAJ.. Cigh /s/ V. W. Bigelow
hm, Ev~ployee Member V.
Tr7.
Bigelow, Carrier Member
Philadelphia, Pa.
June
28, 1966