SPECIAL HOARD OF ADJUSTMENT N0. 541
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
ERIE-LACKAWANNA RAILROAD COMPANY
STATEMENT OF CLAIM:
"1. The Carrier violated the effective Agreement on November
7, 8,
9,
13 and
14,
1962, by failing to recall to service senior furloughed Bulldozer
Operator Mr. Roy Goodgame for work at Sharpsville, Pa.
"2. The Carrier shall now reimburse Group
8
Equipment Operator, Roy Goodgame for the number of days of work lost to him by reason of this violation of
the Agreement, and at his operator's rate of pay."
FINDINGS:
Floyd Angel, the regularly assigned Group
8
Bulldozer Operator at Sharpsville, Pa., failed to report for work on the claim dates and a qualified
operator named Jones, who was working as a trackman in the vicinity, was used
to operate the machine.
The Organization maintains that Claimant should have been called upon to
perform the work since he and not Jones held Group
8
seniority. We agree.
This was a Group
8
vacancy that should have been filled by a Group
8
employee.
It is true, as Carrier emphasizes, that Claimant lived in Cleveland,
70
miles distant from Sharpsville, and had no telephone during the period in question. The difficulty with that position is that there is no evidence that
Carrier made even the slightest effort to contact him. Claimant plainly was
entitled to the work and, if group seniority provisions are to have any real
meaning, Carrier should have employed reasonable measures to try to reach him.
We will sustain the claim as to November
9, 13
and
14,
1962, but not as
to the first two days of Angel's absence since he gave no prior notice to
Carrier that he would be absent and it was not until the end of the second
day, November
8,
that it might have been reasonably anticipated that he would
continue to be absent.
AWARD:
Claim sustained as to November 9,
13
and 14, 1962, but not insofar as
November
7
and 8, 1962 are concerned.
Dated at New York, N. Y., this 25th day of August, 1964.
Is/
Harold M. Weston
HAROLD M. WESTON, RFFIs/ Arthur J. Cunningham
Is/
R. A. Carroll
ORGANIZATION MEMBER CARRIER MEMBER