Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 45101 Docket No. MW-44947
24-3-NRAB-00003-230309
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 the Carrier assigned outside forces (Superior Crane Inc.) to perform Maintenance of Way Bridge and Building (B&B) Department work (remove and install stringers) at the bridge located at Big Escambia Creek in Flomaton, Alabama on the Atlanta Division beginning on March 29, 2016 and continuing (System File B11907116/2016-206727 CSX).
As a consequence of the violation referred to in Part (1) above, Claimant J. Nichols shall now ‘… be compensated all Hours worked by Superior Crane Straight and Overtime, and that all FURLOUGHED Employee’s (sic) be returned to work, and that all time be credited towards vacation and retirement.’ (Emphasis in original).””
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. 45101
Page 2 Docket No. MW-44947
24-3-NRAB-00003-230309
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 Organization failed to establish sufficient proof of the claim.
Claim denied.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division Dated at Chicago, Illinois, this 31st day of October 2023.