BROTHERHOOD OF MAINTENANCE OF TRY EMPLOYES

and

THE BALTIMORE AND OHIO MILROND COMPANY




STATEMENT "Claim of the System Committee of the Brotherhood that:
 OF CIAIM:
 1. The Carrier violated the effective agreement by failing to compensate substitute foreman H. H. Anderson, Woodland, West Virginia, Wheeling Division, at the foreman's rate of pay for services rendered on May 13, 14, 15, 18 and 19, of 1959.

 2, That substitute foreman H. H. Anderson be now reimbursed for the difference between what he received as a trackman,, and what he should have received as foreman on the dates referred to in part one of this claim."

 FINDINGS: The work made subject of this claim was performed on May 13, 14,

The facts with respect to the locations of claimant and his regular foreman on the dates in question indicated that on May 13, claimant was working within a half mile of his regular gang, and on May 18 he was within 4 miles. On the other dates he was working at points varying between 6z and 102 miles distant.

 Accordingly, we will deny claims for May 73 and 18 but will sustain claims for May 14, 15, and 19 to the extent of payment of the wage differential between foreman's and trackman's rates, less any guarantee payments he may have received.

          Claims disposed of in accordin

          Claims disposed of in accordance with Findings.


                    (s) Edward A. Lynch

                    Edward A. Lynch, Chairman


    s) A. J. Cunningham (s T. S. Woods

A. J. Cunningham,, Employee Member T. S. Woods, Carrier Member

 Dated at Baltimore, Md.., this 26th day of March, 1963.