SPECIAL BOARD of ADJUSTMauT No.
293
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
STATEMENT OF CLAIM
:
(1) The Carrier violated the effective Agreement by assigning to the
position of Assistant Mason Foreman at Ashley, Pennsylvania, on
June
16, 1958,
James Herman, who held no seniority in the
Assistant Mason Foreman's class.
(2)
The Carrier shall assign to this position the senior qualified
employe on the
Pennsylvania Division
as of June
16, 1958,
and
reimburse such employe for the difference in pay received and
what he should have received if he had been so assigned to this
Assistant
Mason Foreman's
position on June
16, 1958.
OPINION OF BOARD
:
The evidence in this case discloses that employe George Hodar sari entitled
to be assigned to the Assistant
Mason Foreman
position which was posted for bids
on June
9, 1958.
The Carrier acted in violation of the Agreement by permitting
James Herman to occupy this position, instead of Hodar. Herman held no seniority
in the
Mason force
in the capacity of Assistant Foreman, while Hodar did possess
seniority in this capacity.
Claim sustained.
(s) Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
(s) A. J.
Cunningham (s)
C. S. Strang
A. J. Cunningham, Employe Member C. S. Strang, Carrier Member
Jersey City, N. J.
November 30,
1959