NATIONAL MEDIATION BOARD
WASHINGTON, DC
PUBLIC LAW BOARD NO.
7163
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
DIVISION - IBT RAIL CONFERENCE
AND
CSX TRANSPORTATION, INC.
Docket No. 48
Employee: D. Tropea
Neutral Member:
Carrier Member:
Barbara Zausner
Robert A. Paszta
Organization Member: Timothy W. Kreke
STATEMENT OF CLAIM
1- The Agreement was violated when the Carrier failed to call and
assign Three Rivers West Seniority District employee D. Tropea to
perform overtime service on Three Rivers West Seniority District
Seniority territory at No. 2 Track at Mile Post BG 54.5 on October
12, 16, 17, 18, 19, 23, 24, 25, 26, 30, 31, November 21,2,6,7,8.9.
and 13, 2006 and instead assigned Akron East Seniority District
employee C. Pahls. (System File TROPEAC206 J 12(07-0249).
2- As a consequence of the violation referred to in Part (1) above,
Claimant D. Tropea shall now be compensated for 100 .5 hours at
his respective time and one-half rate of pay.
FINDINGS
Upon
whole record and on the evidence, the Board finds that
the parties herein are Carrier and Employer within the meaning of the
Railway Labor Act, as amended; that this Board has jurisdiction over the
dispute, and that the parties were given due notice of the hearing.
Public Law Board No. 7163
Docket No. 48
The Organization contends the Claimant should have been called
to do the overtime work in question because he holds seniority on the
Three Rivers West Seniority District and Mr. Pahls, who did the work,
holds no seniority on the territory where this work took place. The
Organization cites Rule 3, Section l., Rule 4, Sections 1.(a) and 5, and
Rule 17, Sections 1-(a) and (b). It also points to arbitration awards that
interpret similar rules to mean that work is reserved by seniority
districts.
The Organization also provided statements by three Rivers West
Seniority District employes. The Claimant wrote that he regularly
performs maintenance of way work in the area in question. Track
Inspectors Geer and Melvin wrote that they regularly and routinely
inspect track from Mile Posts BG 54.0 to BG 58.0 on No. 2 track. The
Organization contends the map submitted by the Carrier should be given
no weight is it is not clear or legible. Neither the map nor other
documents accurately show where the subject overtime work took place.
The Organization's map, on the other hand, shows that the work took
place on the Three Rivers West Seniority District.
The Carrier claimed "employee Pahls was on duty and under pay
as a bridge foreman during the claim dates and was performing the
flagging work of protecting contractors who were reinforcing the bridge
span. Flagging has not been `customarily or traditionally performed'
exclusively by BMWE track employees ...."
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Public Law Board No. 7163
Docket No. 48
The dispute centers on where the work was performed. Carrier's
Exhibits H & I cannot be considered as they were not presented during
the on-property procedure. The fact that Three Rivers Seniority District
employees routinely worked in the specific area at issue is not refuted by
the Carrier. The Organization's map, unlike the Carrier's, is clear and
legible. There is no evidence in the record that it is inaccurate. We
conclude on this evidence that the Agreement was violated and the
Claimant is entitled to compensation for 105.5 hours at his respective
time and one-half rate of pay.
AWARD
Claim sustained,
Barbara Zausner, Neutral Board Member
January 11, 2012
Robert A. Paszta, Carrier Member
W. "e, Organization Member
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