SPECIAL BOARD OF ADJUSTMENT N0.
488
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET' N0.
53
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement on August
6
and 7, 1962,
by assigning a Class A Wack Equipment Operator to the work of a Trackman in
Extra Gang No. 32221, Ohio-Newark Division, while furloughed Extra Gang Trackman Mr. C. A. Haren was available for service.
(a) Trackman C. A. Haren be now compensated for two days' pay at his
respective Trackman's rate."
FINDJNGS: The issue involved here is the right of the Carrier td assign the
work
in
question. The rate of pay is not involved; hence, Carrier's reliance
on the composite service rule is not availing.
_._ The composite service rule provides the manner in which a Carrier is required to compensate a man who is required to work at more than one class of
work. However, the Carrier is still required to respect the seniority rules of
the ag-reement in assigning men to work. The composite service rule is a wage
rate protection for the higher-rated employe and a guarantee to the lower-rated
employe that he trill receive the rate applicable to the character of work preponderating for his work day.
In the case before us Carrier concedes its Ballast Machine was idled for
two de;·s due to ballast being ur==oaded by Extra Gang No. 32221. Carrier
assinr._e<x -;he Ballas~: Machine
e
p rator to assist in the unloading of the
bp.:l~,.fl
- r
a7
the two days in question.
Th9.s -·ras trackman's -cork, and on the dates in u_ue=ticn, Claimant Trackman,
who had been ffvrlout~hed P._~·^m Extra Gang 32222 a, 5.e=^k before, was available and
should hare been
c :fled.
ALMRn: C1^.im su^ta~Led.
/a/ Fdward
A_~I~mch
Fd%rLrd
!k.
Ly-cn, :;r,_rman
/s/ A. J. Cunninghrm `s/ W. B. Kohler - Dissent
A. J. Cunningham, rrploye Memoer W. ?1. It~uwec°, Ca: rier Member
Dated at Baltimo-^e,
Marylard,
this 29th day cf June, 1965.