SPECIAL BOARD OF ADJUSTMENT N0. 293
BROTHERHOOD OF MAIRTENANCE OF WAY EMPLOYES
versus
THE CENTRAL RAILROAD COMPANY OF NEW JERSEY
STATEMENT OF CLAIM:
1. The Carrier violated the effective Agreement on September 25 and
October 2, 1962, by assigning members of Section No. 2 and Section
No. 4,
Southern Division, to perform work on Section No. 2, MIER
Division.
2. Foreman James Genovese, Assistant Foreman Ralph Edwards, and Track
Laborers &mnett Cox, John Cain, William Corrigan, Edward Hondley
and Thomas Mitchel, each, be now reimbursed at their respective
rates of pay, for an equivalent amount of hours as was consumed
by Section Nos. 2 and
4,
Southern Division, employees in performing this referred-to work.
OPINION OF BOARD:
On September 25, and October 2, 1962, Nutswamp road in Middletown, N. J.,
was closed by the local authorities so that the rails in the crossing and the
surface could be repaired for better riding conditions. It was necessary that
the work performed on each date be sufficiently completed so that the crossing
could be re-opened for traffic during the evening hours. The location at which
the subject work was performed is on the NY&LBR Division of the Carrier. Since
a sufficient number of employees in this Division's track forces was not available to handle the necessary rails and ties that were to be installed, employees
of Sections 2 and
4
of the Southern Division were used to assist in the repairs.
The Southern Division employees who were assigned to perform the disputed work
hold no seniority on the NY&LBR Division.
We full recognize the seniority barrier between the Southern Division and
the NYUBR Division, but since there were no NY&ZHR employees on furlough on the
dates involved in this claim, it will be held that no violation of the Agreement
occurred.
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