SPECIAL BOARD OF ADJUSTMENT NO. 957

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY


Vs.

BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES

"ORGANIZATION"

STATEMENT OF CLAIM:

Claim of the Brotherhood (BMWE-87-05-F12) that:

The Authority has violated Article 5, Section 514 (d), of the Schedule Agreement, when refusing to allow Claimant W. Crippen to work overtime on May 30, 1987, for twelve (12) hours, but instead assigning such work to a junior Track General Helper on the undercutting gang at Fort Washington, Pennsylvania.


AWARD NO. 26

REMEDY:

Claimant Crippen, having been assigned to the undercutting gang, was the senior incumbent to the position on the date of the overtime assignment and therefore should be granted twelve (12) hours compensation at the overtime rate of pay.

OPINION OF THE BOARD

The Board has determined that the claim should be dismissed

due to lack of facts.

AWARD

      Claim dismissed.


R. B. BIRNBRAUER, W. E. LaRUE, ,
Authority Member organization Member

              S. E. BUCHHEIT, Neutral Member