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 on September
9, 1963,
by abolishing the positions of three Assistant Work Equipment Foremen as per
Bulletin No.
59,
dated August
30, 1963,
and then immediately re-advertised
for bids, the same positions with a different title of Leading Work Equipment
Repairman and a reduced rate of pay.
"2. Assistant Work Equipment Foremen, H. G. Barnes, C. E. Rowland, W. H.
Ropke be now re-imbursed for all compensation lost to them by reason of the
Agreement, as referred to in Part 1 of this claim and continuing until the
violation is ceased."
FINDINGS:
This claim rests on the contention that substantially the same supervisory
work of abolished foremen and assistant foremen positions was assigned to lower
rated positions. In support of this charge, Petitioner points out that the
number of employees has not been reduced during the period in question and that
the lower rated positions were created at about the time the foremen positions
were abolished. These circumstances may give rise to a suspicion but, standing
alone, are insufficient to substantiate the claim. Suspicion, conjecture and
argument are not the equivalent of essential evidence. The claim must be
denied for lack of proof.
AWARD:
Claim denied.
Dated at New York, N. Y., this 25th day of August,
1964.
Is/
Harold M. Weston
HAROLD M. WESTON, REFEM
/s/ Arthur J. Cunningham
Is/
R. A. Carroll
ORGANIZATION REPRESENTATIVE CARRIER REPRESENTATIVE