SPECIAL BOARD of ADJUSTMENT NO.~287
PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0. 15
STATEMENT "Claim of the System Committee of the Brotherhood -that:
OF CLAIM:
(1) The Carrier violated the effective Agreement when it directed
and required Section Foreman Wilbur Beach to assume the duties, responsibilities,
and work load of two positions during the vacation absence of Section Foreman
J. H. Coffman from June 18 to July
6, 1956,
both dates inclusive.
t
(2) That the Division Engineer's disallowance of the claim was not
in conformance with Article V, Section 1(a) of the Agreement signed at Chicago,
Illinois, on August 21,
1954,
account of failure to notify of his reasons for said
disallowance.
(3)
Because of the violations referred to in Parts (1) and (2) of
this claim, the Carrier now be required to allow the following claim which was
presented under date of July
30, 1956:
'Claim is filed herewith in behalf' of Foreman
Wilbur Beach in the amount of 112 hours
(14 days) pay 'at the Foreman pro rata rate
applicable to Section 52 at North Vernon."'
FINDINGS: The applicable agreement provides that when Carrier disallows a claim
or grievance, it shall "notify whoever filed the claim or grievance in writing 2f_
the reasons for such disallowance. If not so notified the claim or grievance shll
be allowed as presented. x x x Emphasis added.
Carrier disallowed this claim with this language:
"As a result of this investigation your claim
is declined."
We must and will hold that the phrase "as a result of this investigation" fails to meet the requirements of the Rule that Claimant be advised "of the
reasons for such disallowance."
Therefore the claim will be allowed as presented,
AWARD
Claim sustained in accordance with Findings.
(s) Edward A. Lynch
Chairman
(s) A. J. Cunningham (s) .T. S. Woods
Employee Member Carrier Member
Dated at Baltimore, Maryland, this
28th day of March, 1960.