SPECIAL BOARD OF ADJUSTMENT No.
293
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
STATEMENT OF CLAIM:
(1) That Carrier violated the effective Agreement by abolishing the position of Foreman Machinist on the New York and
Long Branch Division and assigning the former duties of
that position to the Master Carpenter on the NY&LB Division as of October
26, 1959.
(2)
That the Carrier now advertise for bids the position of
Foreman Machinist on the New York and Long Branch Division in accordance with the provisions of Rule
5
of the
working agreement.
(3)
That the senior applicant subsequently awarded the position of Foreman Machinist be reimbursed for the difference
in rate of pay between that of the Foreman Machinist and
what he did receive in the position worked since September
26, 1959.
OPINION OF BOARD:
As of September
25, 1959,
the last day Foreman Machinist Jones worked
for the Carrier on its NY&LB Division, (and for two months prior thereto) there
was only one employe in the Machinist craft for him to supervise. Since that
time there have been no more than two employes in the craft on the subject Division. It is quite apparent that the machinist supervisory functions of the Foreman position had all but disappeared. Under the unusual facts of this case we
conclude that the Carrier did not violate the Agreement by placing the one or two
remaining Machinists under the immediate supervision of the Master Carpenter, to
whom Foreman Machinist Jones had reported insofar as his Machinist supervisory
functions were concerned.
A W A R D
Claim denied.
(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.
January
25, 1962