124.
SPECIAL BOARD of ADJUSTMENT No.
541
BROTHERHOOD OF MAINTENANCE OF WAY EMPWYEES
and
ERIE-LACKAWANNA RAILROAD COMPANY
STATEMENT
OF CLAIM:
1. The Carrier violated the effective Agreement by failing to
assign a truck driver, holding seniority on the Buffalo-Rochester
Division, for the operation of Bus No.
37,
during the period beginning
June 10,
1963,
and on subsequent dates thereafter.
2. The Carrier shall now reimburse Truck Driver Z.
F.
McDowell,
the assigned operator of Bus No.
37,
in an amount equal to the number
of hours of work performed by the truck driver from the Susquehanna and
Delaware Division, paid for by the Carrier on the dates here involved
in this claim.
FINDINGS:
It is quite apparent from the record that Carrier used Grasso,.
whose seniority was in the Susquehanna Division, to perform transportation work in the Buffalo area where McDowell enjoyed seniority rights.
It may well be that Carrier was merely having the work performed for
the accommodation of its employees but whatever the reasons, this was
Carrier's work that should have been assigned in accordance with the
seniority requirements of the applicable Agreement.
McDowell was entitled to the work and the claim will be sustained
to the extent of four and one-half hours (the approximate time of the
round trip between Buffalo and Hornell) on each of the claim days.
AWARD:
/sJ Arthur J. Cunningham
ORGANIZATION REPRESENTATTVE
Claim sustained to the extent indicated in the FINDINGS.
Datgd at New York, N. Y., this 10th day of March,
1965.
/s1
Harold M. Weston
HAROLD M. WFSTON, REE
R. A. Carroll