Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43085 Docket No. MW-43720 18-3-NRAB-00003-160492

The Third Division consisted of the regular members and in addition Referee Barry E. Simon when award was rendered.

(Brotherhood of Maintenance of Way Employes Division PARTIES TO DISPUTE: (IBT Rail Conference

(

(CSX Transportation, Inc.

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

(1)The Carrier violated the Agreement when it abolished Claimant

K. Bass' position at the Hamlet Track Panel Facility on February 16, 2015 without furnishing proper five (5) working day advance written notice (System File B17804515/2015-184765 CSX).

(2) As a consequence of the violation referred to in Part (1) above, Claimant K. Bass shall now be compensated with forty (40) hours at the proper straight time rate of pay."

FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

The Claimant had been regularly assigned as a Class "A" Machine Operator on Force 6HTF, headquartered at the Carrier's Hamlet Track Panel Facility. February 16, 2015 was a holiday and the Claimant did not perform service. He was called by his supervisor, J. Ravitz, that evening and was informed that his position had been abolished. He was told to report the following day to Roadmaster McWhite at the Hamlet Yard. On February 17, according to the Organization, Supervisor Ravitz called the Claimant again and told him that he was to report to the Track Panel Facility that day. The record before the Board does not reflect whether the Claimant worked that day, but the payroll records show he was compensated for four hours at the straight time rate.

The Carrier contends it posted a bulletin in JOB-TRAX on February 17, 2015, abolishing the Claimant's position effective February 16, 2015. The Claimant exercised his seniority to another position on February 18, 2015.

The Organization asserts the Carrier violated the Agreement, specifically Rule 6(a), which requires a notice of abolishment to be given at least five working days in advance of the effective date. We find, based upon the record before us, that the Carrier did not comply with this rule. We do not, however, concur with the Organization's position that the Claimant is entitled to additional compensation for the five-day period. We note that he exercised his seniority to a Track Inspector position that afforded him a rate of pay higher than he had at the Track Panel Facility. It was only on February 17, 2015 that he earned less money than he would have earned had he continued on the Track Panel Facility job. In Award 31032, we held:

". . . The Claimants are entitled to one day's pay as a result of the Carrier's giving at most four days' of the required five days' advance notice. Third Division Award 27016 (". . . [N]otice given . . . constituted only four working days' notice. The Claimant is thus entitled to one day's pay . . . ."). But, because this Board cannot impose a penalty, that pay entitlement must be offset by any amounts earned by the Claimants in the Carrier's service during the period for which no notice was given. Third Division Awards 30111, 28545."

The Claimant, therefore, is entitled to the full earnings he would have received on his assigned position on February 17, 2015, less the amount he was actually paid for that date.

AWARD

Claim sustained in accordance with the Findings.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Dated at Chicago, Illinois, this 2nd day of May 2018.