SPECIAL BOARD OF ADJUSTMENT N0. 287
PARTIES: BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET N0.
7
STATEMENT "Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) The Carrier violated the Agreement when, at the close of business
on February 17, 1956, it abolished a position of Lampman held by Wade G. Jenkins, and
in lieu thereof, arbitrarily established a dual position of Lampman-Crossing Watchman,
which is not permitted under Agreement rules.
(2) The Carrier shall immediately discontinue the dual position of
Iampman-Crossing Watchman.
(3)
The position of lzmpman should be restored and that Wade G.
Jenkins and all other employes adversely affected by the abolishment of this position
should be restored to their former status and be reimbursed for any monetary loss
sustained by reason of the violation referred to in Part (1) of this claim.
(Note - Monetary claim is retroactive to March 29, 1956)".
FINDINGS: A careful reading of this record leads us to conclude that while it is
the Organization's position that the applicable agreement does not permit the combi
nation of positions such as here involved, and Carrier believes its action is fully
supported by Rules
17
(e-1) and 28, the fact remains that under these circumstances
Carrier's action was not specifically violative of Claimant's rights, nor did it
cause him to suffer any monetary loss.
We will, therefore, remand parts (1) and (2) of this claim to the
parties for adjustment.
Part
(3)
of the claim is dismissed.
AWARD
Parts (1) and (2) remanded to the parties for adjustment.
Part
(3)
dismissed.
(s) Edward A. Lynch
Edward A. Lynch
Chairman
(s) A. J. Cunningham (s) T. S. Woods
A. J. Cunningham T. S. Woods
Employee Member Carrier Member
Dated at Baltimore. Maryland,
this 28th day of March, 1960.