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 on September 21,
1961,
by assigning or otherwise permitting a Storehouse emplo a to transport and deliver track material for use on Section No.
4
at Bayway,
N. J.
2.
The regularly assigned Track Driver Stephen Hutnick be now reimbursed
for an equivalent amount of time as was consumed by this Storehouse
employe in performing this referred-to work on September
21, 1961.
OPINION OF BOARD
:
Sometime between
7:00
A.M. and 8:00 A.M. on September 21,
1961
Track
Supervisor Kozzi advised Supervisor Reagan (who had jurisdiction over the
entire Central Division) that certain track materials-splice bars, bolts and
spikes-were needed at Section
4,
Bayway. Supervisor Reagan replied that none
of the three M. of W. trucks assigned to the Central Division was available. It
appears that at the time involved, all of these trucks were being used by
M. of W. personnel. After waiting unsuccessfully approximately two hours for
a M. of W. truck to become available, Supervisor Kozzi requested the Stores
Department to deliver the requested supplies from the Elizabethport Material
Yard to Section
4,
Bayway. This delivery was completed at about
10:30
A.M.
by a Stores Department employee driving a Storehouse truck. Said Stores
Department employee is covered by the Clerks' Agreement. Claim was then filed
in behalf of Stephen Hutnick, a Truck Driver covered by the M. of W. Agreement.
Claimant Hutnick was engaged in operating a M. of W. truck at the time that a
need arose for delivery of the subject materials to Section
4,
Bayway.
We recognize that it is a regular function for M. of W. Truck Drivers
such as Claimant Hutnick to deliver materials from the Elizabethport Material
Yard to the using track forces of the Central Division. Contrariwise, this
is not a normal function for Storehouse personnel. In the subject instance,
however, neither Claimant Hutnick nor any other M. of W. Truck Driver and
M. of W. vehicle was available for handling delivery of the track materials
needed at Section
4,
Bayway. There is no showing that the carrier was negligent in failing to foresee this need prior to the time that request for the
materials was made by Track Supervisor Kozzi. The fact that the Supervisor
waited approximately two hours for a M. of W. vehicle to become available is
indication of his desire to use a truck driver covered by the M.of W. Agreement.
AWARD N0.
37
CASE N0.
344
We conclude that the circumstances were sufficiently extenuating to justify
the Carrier's use of a Storehouse employee to make the disputed deliver;;.
AWARD: Claim denied.
/s/ Lloyd H. Hailer
Lloyd H. Hailer, Neutral Member
Ls/
A. J. Cunningham /s/ C. S. Strang
A. J. Cunningham, Ibployee Member C. S. Strang, Carrier Member
Jersey City, N. J.
May
31, 1966