SPECIAL BOARD OF ADJUSTMENT N0.
x+88
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD I~ DOCIm N0. 61
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement on August 29,
30,
and
31,
1962, by assigning Welder J. P. Robinson, Welder Helper J. Seymour and
Machine Operator W. Wright to perform Trackman's work on Division #2, of the
Ohio-Newark Division, while a furloughed Trackman was available for recall to
service.
(2) The Carrier should now compensate Claimant Trackman C. E. Shuff in
the amount of eight hours at his trackman's pro rate, rate of pay, for each
of the three days,referred to because of this violation of the Agreement."
FINDINGS: The issue here involved is identical with that covered by our Awards
in Dockets Nos.
53
and 55, and for the reasons there cited we will issue a
sustaining Award here. The Carrier cannot ignore the seniority requirements
of the agreement.
AWARD: Claim sustained.
s/ Edward A. Lynch
Edward a. Lynch, Chairman
/s/ A. J. Cunningham
/sL
W. B. Kohler - Dissent
A. J. Cunningham, Employe Member W. B. Kohler., Carrier Member
Dated at Baltimore, Maryland,
this 29th day of June, 1965.