AWARD NO. 43
Case No. 43

SPECIAL BOARD OF ADJUSTMENT NO. 331

PARTIES ) Brotherhood of Railroad Trainmen
     TO ) 
DISPUTE ) Union Pacific Railroad Company-Eastern District

STATEMENT OF CLAIM: "Claim of Yardmen J. J. Dodson, G. M. Magee and R. C. Walbert, North Platte, for 8 hours each at appropriate yard rate, July 15, 1959."

FINDINGS:  Rule 4(a) requires that "Yardmen, will be given at least 16 hours advance notice when assignment is to be discontinued." The notice is required not to the incumbent crew but to yardmen generally. The customary way of giving general notice is by posting and in view of the right to daily exercise of seniority that would appear to be the practical method of satisfying the requirement of this rule. Claimants were not given the sixteen hour notice of the discontinuance of the assignment which they were marked up to work. It was necessary to accept other assignments at different hours so they were affected thereby and settlements on the property seem to show recognition in such case of right to a minimum day.

AWARD: Claim sustained.

SPECIAL BOARD OF ADJUSTMENT NO. 331

Mortimer Stone
Chairman and Neutral Member

J. T. Singent, Carrier Member          J. H. Shepherd, Employe Member

Omaha, Nebraska
December 19, 1960

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Award No. 63
Case No. 63

SPECIAL BOARD OF ADJUSTMENT NO. 331

PARTIES ) Brotherhood of Railroad Trainmen
   TO   )
DISPUTE ) Union Pacific Railroad Company-Eastern District

STATEMENT OF CLAIM: Claims of various yardmen, Grand Island, for 8 hours each at appropriate pro rata yard rate for the period April 7 - May 15, 1960, inclusive.

FINDINGS: Two yard engines were worked three consecutive days, under the recognized construction of Rule j only one was continued as regularly assigned, and the other was discontinued without the required 16 hour notice.  The rule does not exclude work train service from its application and the claim was presented in apt time under the time limit rule. It does not appear that the dispute was composed prior to the submission of the claim or at all.

The rule provides no penalty for failure to give the required notice and such notice is not made a condition to discontinuance of the assignment. It is not disputed that it was in fact abolished on April 6 and any deprivation of work opportunity resulting from lack of notice, under the existing method of exercising seniority, would be limited to the 16 hour period.

AWARD
: Claim allowed for one day only.

SPECIAL BOARD OF ADJUSTMENT NO. 331

Mortimer Stone
Chairman and Neutral Member

 

J. T. Singent, Carrier Member                   J. H. Shepherd, Employe Member

Denver, Colorado
May 31, 1961