SPECIAL BOARD OF ADJUSTMENT N0.
541
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
AND
ERIE-LACKAWANNA RAILROAD COMPANY
STATEMENT OF CLAIM:
"l. The Carrier violated the effective Agreement by failing to re-call
to service, during the period June 18 to June 29, 1962, furloughed qualified
Truck Driver, Sebastian C. Marino to fill a temporary vacancy in that class.
"2. The Carrier shall now reimburse Claimant Marino for a day's pay at
the Truck Driver's rate for each work day during the period referred to, on
account of this violation of the Agreement."
FINDINGS:
The complaint is that Claimant, a furloughed Group 1 trackman should have
been used to drive a truck during Jimerson's (the regularly assigned truck
driver) vacation. Carrier
did not
fill Jimerson's position but instead used
Snow, a Class
4
Tamper Operator, to drive the truck when necessary. According
to Carrier, and there is no evidence to the contrary, Snow did not perform
such work for more than 25 per cent of the work day.
We find nothing in any applicable Agreement or in the notice of July 1,
1955, that prevents Carrier's use of a Group
4
operator to drive the truck
for an hour or two each day while the regular truck driver was on vacation.
Accordingly, the claim will be
denied.
AWARD:
Claim
denied.
Dated at New York, N. Y., this 25th day of August,
1964.
Isl
Harold M. Weston
HAROLD M. WESTON, REFEREE
Isl
Arthur J. Cunningham
Isl
R. A. Carroll _
ORGANIZATION MEMBER CARRIER MEMBER