Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 45100 Docket No. MW-44935
24-3-NRAB-00003-230308
The Third Division consisted of the regular members and in addition Referee Jeanne Charles when award was rendered.
(Brotherhood of Maintenance of Way Employes Division – (IBT Rail Conference
(CSX Transportation, Inc.
“Claim of the System Committee of the Brotherhood that:
The Agreement was violated when, on September 26 and 28, 2016, the Carrier assigned outside forces (Vorst Paving, Inc.) to perform Maintenance of Way work (road crossing renewal and paving work) between Mile Post CA 311.0 and Mile Post CA 337.0 near the cites of White Sulphur and Alderson, West Virginia on the Clifton Forge Seniority District (System File G31807216/2016-213088 CSX).
As a consequence of the violation referred to in Part (1) above, Claimants J. Kimberlin, A. Seldomridge, A. Hansford, G. Broughman and E. Peters shall now each ‘*** receive ( 16 ) hours straight time and ( 16 ) hours-time and one-half at their respective rates of pay in effect on the dates claimed. ***’”
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.
Form 1 Award No. 45100
Page 2 Docket No. MW-44935
24-3-NRAB-00003-230308
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 Claimants have established and held seniority within the Carrier’s Maintenance of Way Department. The Claimants were assigned in various classifications within the Maintenance of Way and Structures Department at the time of this dispute.
In reaching its decision, the Board has considered all the testimony, documentary evidence and arguments of the parties, whether specifically addressed herein or not. As the moving party, it was the Organization’s responsibility to meet its burden to prove by a preponderance of evidence that the Carrier committed the alleged violation(s). After careful review of the record, the Board finds the Organization has met its burden. Based on this record, the Board finds the Carrier failed to provide sufficient notice by including the exact location. Additionally, the Board acknowledges that the agreement in place at the time no longer applies.
Claim sustained.
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 31st day of October 2023.