SPECIAL BOARD OF ADJUSTMENT N0.
293
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
STATEMENT OF CLAIM:
Claim that the Carrier violated the effective agreement when on December
17, 1960
it assigned a New York and Long Branch Machine Operator to perform work on Section No.
5
Perth Amboy, N. J., on the Central Division.
That a senior Machine Operator on the Central Division, now be reimbursed
the equivalent amount of hours consumed by the New York and Long Branch
Operator working on the Central Division on December
17, 1960.
OPINION OF BOARD:
On December 11 and
12, 1960,
a severe snowstorm occurred in the area involved
in the subject claim, which is on the Carrier's Central Division. The necessary
snow removal work was not completed until the evening of December
17, 1960.
The
contention in this claim is that the Carrier violated the labor agreement by
assigning a Machine Operator from the New York and Long Branch Division to perform snow removal work on the Central Division on December
17, 1960,
although
several Machine Operators holding seniority on the Central Division were available for this work. The Machine Operator from the NY & LB Division does not have
seniority on the Central Division.
The evidence establishes that Machine Operator Paricheck, who held seniority
on the Central Division at the time in question, was available during the hours
that the Machine Operator from the NY & LB Division was used on the subject date.
Machine Operator Paricheck was not called or otherwise assigned to perform any
work on this date.
Under these facts it is manifest that the Carrier violated the Agreement as
charged in the claim.
A WAR D: Claim sustained.
/sd/ Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
/sd/ A. J. Cunningham
/sd/
C. S. Strang
A. J. Cunningham$ Employee Member C. S. Strang, Carrier Member
Jersey City, N. J.
October
13, 1964.