SPECIAL BOARD OF ADJUSTMENT N0.
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 failing to call.
for snow duty on Section No.
5,
Port Reading, N. J., on December
17, 1960,
eight furloughed track laborers who had filed for extra
and relief work in accordance with the provisions of the Agreement.
2.
The eight senior furloughed track laborers who had filed for extra
and relief work be now reimbursed for an amount of time equivalent
to that consumed by the eight Shop Crafts carmen who were used to
perform this snow removal work.
OPINION OF BOARD:
A severe snow storm which began on December 11,
1960
necessitated the
calling out of the Carrier's forces for the purpose of removing snow from
tracks and switches. This snow removal work was continued for several days.
All of the men contacted on the Port Reading Section in the M. of W. forces
refused to work on December
17, 1960
because they had been exhausted from continuous snow removal duty. Accordingly, on the subject date the Carrier
assigned several Car Shop employees who had augmented the M. of W. employees
in this territory on December
15
and 16, and who had not been on continuous
duty from December 11 as had the M. of W. forces. The subject Carmen commenced work at their regular starting time on the morning of December
17, 1960.
In support of the confronting claim, it is contended that the Carrier should
have used furloughed track laborers for the snow removal work performed on
December
17, 1960
by Car Shop employees.
The Carrier was obligated to call furloughed track laborers for the involved work, if said laborers had made themselves available in accordance
with Agreement Exhibit Nos-
7
and
8.
However, no evidence has been presented
to sustain the contention that these employees made themselves available in
accordance with the aforementioned exhibits. The claim therefore must be
denied.
AWARD: Claim denied.
/s/ Lloyd H. Bailer
Lloyd H. Bailer, Neutral Member
/s/ A. J. Cunningham /s/ C. S. Strang
A. J. Cunningham,, Employee Member C. S. Strang, Carrier Member
Jersey City, N. J.
May
31, 1966