SPECIAL BOARD OF ADJUSTMENT N0.
488
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
and
THE BALTIMORE AND OHIO RAILRQkD COMHANY
AWARD IN DOCKETS NOS.
5
AND
6
SVLTEMENTS "Claim of the System Committee of the Brotherhood that:
OF CIA IM:
DOCKET N0.
5 - 1
. The Carrier violated the effective Agreement
by
failing to compensate Substitute Foreman Fred C. Blake, Monongah Division, for
foreman's rate of pay on June
17, 1959.
2. The Carrier shall now reimburse Substitute Foreman Fred C. Blake for the
difference in what he received as a substitute foreman or trackman on June
17,
1959,
and what he should have received at the Foreman's rate account of this violation."
DOCKET N0.
6 - 1
. The Carrier violated the effective Agreement on
June 20,
1959,
by failing to compensate Substitute Foreman Guy Wooden, Monongah
Division, at the foreman's rate of pay.
2.
That the Carrier shall now compensate Substitute Foreman Guy Wooden for
the difference in rate of pay between what he received on June 20,
1959,
and what
he should have received at the foreman's rate."
FINDINGS: These claims are but two in a large number of similar nature pending
before this Board.
Question and Answer No. 1 of the Questions and Answers agreed upon
July
29, 1959,
states in part:
" . . . . a substitute foreman is only a trackman. If
given the responsibility of a foreman he is entitled to
foreman's rate . . . ."
The Carrier has the sole responsibility to determine its own supervision. The
fact that he has the title of Substitute Foreman does not make him a foreman, nor
does nit entitle him to be paid at the foreman's rate every day he works.
The claim covered in Docket No.
5
is that of Claimant Fred C. Blake for fore
man's
rate of pay for work he performed on June
17, 1959,
at points
5
to
26
miles
distant from his foreman.
The claim in Docket No.
6
is that of Substitute Foreman Guy Woodell, asserting
on June
19, 1959,
he "worked as foreman in charge of C. R. Fox and L. D. Posey (at)
Mile Post
78 plus
3
Tles renewing broken end tie in joint, correcting cross level
M. P.
78 plus
2
to
4j~
poles, cross level and line (at) M. P.
78 plus 17
to
192
poles, renewing bolts and tightening joints, cross level and line (at) M. P.
78
plus
30
to
32
poles installing bolts, tightening bolts."
S~ 4gg
- 2 - Dockets Nos-
5
and 6
Carrier concedes (tr.
p. 34-7)
that when Woodell performed this work with the
other two men, Woodell's foreman was working at a point 23 miles away.
Originally, a third claim of this type was involved. It was later withdrawn
from this Board when Carrier paid the claim. It, too, was from Fred C. Blake, the
claimant in Docket No.
5.
On that date, Blake was assigned with two other men to correct gauge at a
point 11 miles from his foreman.
The facts in these two claims with respect to the nature of the work, and the
distance between the claimant's work sites and the locations of their respective
foremen on the dates in question are such we believe there would have been a
necessity for the assignment of someone to supervise the work.
A sustaining award is, therefore, in order to the extent of payment of the
wage differential between the foreman's and trackman's rate, less any guarantee
payments he may have received.
AWARD
Claim sustained in accordance with Findings.
(s) Edward A. Lynch
Edward A. Lynch, Chairman
(s) A. J. Cunningham (s) T. S. Woods
A. J. Cunningham, Employee Member T. S. Woods, Carrier Member
Dated at Baltimore,
MA.,
this 26th day of March, 1963.