SPECIAL BOARD OF ADJUSTMENT N0. 488
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCIO=7.' N0. 63
STATEMENT OF CLAIM
: "Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement by notifying the senior
trackman in Extra Gang 22323 that he was to be furloughed, in lieu of giving
a furlough notice to the junior trackman of this gang.
(2) The Carrier violated the effective Agreement by failing to give
Trackman D. R. Gray five working dayd advance notice that his position of
trackman in Extra Gang No. 22323 was being abolished.
(3) Trackman D. R. Gray be now reimbursed
in
the amount of five days'
pay at his trackman's rate on account of the violation of the agreement."
FINDINGS
: Here the Organization argues that this Carrier, by a new National
Agreement which became effective ame 16, 1962, amended its Rule 43 "from a
four calendar day advance notice to employees 'affected' in a force reduction,
to a five working days'advance notice."
We agree. A sustaining Award is required.
AWARD
:Claim sustained for July 24, 25, 26, and 27, 1962.
/s/ Edward A. Lynch
Edward A. Lynch, Chairman
Ls/
A. J. Cunningham
Isl
W. B. Kohler
A. J. Cunningham, Employe Member W. B. Kohler, Carrier Member
Dated at Baltimore, Maryland,
this 29th day of June, 1965.