NATIONAL MEDIATION BOARD, ADMINISTRATOR SPECIAL BOARD OF ADJUSTMENT NO. 957

In the Matter of the Arbitration

-between-

Brotherhood of Maintenance of Way Employes

-and-

Southeastern Pennsylvania Transportation Authority

OPINION AND AWARD
Award No. 268
Award No. 270

In accordance with the agreement In effect between the above-named parties, the Undersigned was designated as the

----Chairman --aced --Neutral-Member --of- -the- SEPTA-BMWE--Publ-i-c---Law--Board-
(the Board) to hear and decide the following Claim:

1. The Carrier violated the Agreement when it

transferred Mr. N. Caputa from the Facilities

Track Department to a First Class Carpenter

position in the Facilities B&B Department on June

30, 2003 (SEPTA Grievance 03-030-F11).

As a consequence of the violation referred to in Part (1) above, Mr. N. Caputa shall now be removed from the First Class Carpenter position and returned to his former track general helper

position and be removed from the Facilities Roster.

A hearing was

2007 at which time the representatives of the parties appeared. All concerned were afforded a full opportunity to offer evidence and argument and to examine and cross-examine witnesses consistent with the relevant procedures that exist between the parties. The Board met in Executive Session after the hearing. FINDINGS OF FACT AND OPINION OF THE BOARD

The record indicates that the present dispute arose in

held in Philadelphia, Pennsylvania

B&B

on June 26,
connection with a disputed transfer of the Claimant. The organization challenged the action. The carrier maintained that the transfer occurred in a proper manner pursuant to the relevant agreement between the parties. The parties failed to resolve the matter during the preliminary steps of the grievance procedure. The dispute proceeded to arbitration for a final and binding determination.

During the hearing the parties indicated that they wanted an additional opportunity to attempt to resolve the matter. The Board supports these efforts with the understanding that the matter shall beheld in abeyance and shall be re-scheduled for the next time that this Board convenes if the parties fail to resolve the matter. The Board therefore will remand the Claim to the parties for such further action.
Accordingly, the Undersigned, duly designated as the Chairman and Neutral Member of the SEPTA-BMWE Public Law Board and having heard the proofs and allegations of the above-named parties, makes the following AWARD:

The Claim is remanded to the parties in accordance with the Opinion of Board.

Robert L. Do las

Chairman and Neutral Member

William L. api3 Employee Member Concurring/Dissenting

--'

i

f : 'Sheri rr
ier Member

Concurring/Dissenting