SPECIAL BOARD OF ADJUSTMENT N0. 488
PARTIES: BROTRFMOOD OF MAINTENANCE OF WAY EMPLOY ES
alzd
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET No. 25
STATEMENT "Claim of the System Committee of the Brotherhood that:
OF CLAIM:
(1) The Carrier violated the effective agreement by
assigning motor car repairman Martin Cramer instead of calling a trackman
to sweep snow from the switches at the interlocking plant at Outville,
Ohio, from midnight December 20,
1960
until 7:00 a.m.,, December 21,
1960;
and
(2) Furloughed Trackman Brook Cornell be now compensated
seven hours at his respective pro rata rate account of this violation of
the Agreement."
FINDINGS: Because this record reveals that at 4:00 p.m., a heavy
snow storm was already in progress, Carrier had an opportunity and an obligation to forecast its requirements in the light of
the continuing snow. It chose to wait until eight hours later and then
call an employee covered by the shop crafts agreement to perform work
normally handled by Maintenance of Way Employees. Accordingly, a sustaining award is required.
AWARD
Claim sustained.
(s) Edward A. Lynch
Edward A. Lync
Chairman
(s) A. J. Cunningham
Ss)
T. S. Woods
A. J. Cunningham, Employee Member T. S. Woods, Carrier Member
Dated at Baltimore, Maryland,
this 7th day of
may, 1963.