Organization File No. BG A091008
Carrier File No.
PUBLIC LAW BOARD NO. 7460
PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION
TO )
DISPUTE ) PADUCAH & LOUISVILLE RAILWAY
STATEMENT OF CLAIM:
1) The Agreement was violated when the Carrier assigned outside forces to
perform Maintenance of Way and Structures work (build switches) at Mile Posts 78.5 and
124.5 on August 17, 18, 19, 20, 21, 24, 25, 26 and 27, 2009.
2) The Agreement was further violated when the Carrier failed to furnish the
General Chairman with a proper advance written notice of its intent to contract said work or
enter good-faith discussions on this matter as required by Appendix 8.
3) As a consequence of the violations referred to in Parts 1 and/or 2 above,
Claimants A. Hunt, B. Geer, D. Renfrow and N. Crawford shall now each be compensated
for seventy-two (72) hours at their respective straight time rates of pay.
FINDINGS:
The Board, upon consideration of the entire record and all of the evidence, finds that the
parties are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this
Board is duly constituted by Agreement dated December 16, 2010, this Board has jurisdiction over
the dispute involved herein, and that the parties were given due notice of the hearing held.
Between August 17 and 27, 2009 the Carrier utilized a contractor to build track switches at
Mile Posts 78.5 and 124.5. This is work that falls within the scope of duties regularly performed by
PUBLIC LAW BOARD No. 7460
AWARD
No. 8
PAGE 2
members of the Maintenance of Way craft. This claim was filed on behalf of various Track
Subdepartment employees, contending that the Carrier violated the Agreement, specifically Appendix 8, by contracting out this work.
The issues presented in this case are identical to those raised in Case No. 5 before this Board.
In that case, the Carrier asserted that Appendix 8 has no application because the terms of Appendix
10 had been satisfied. As in that case, it is undisputed that the Carrier had at least thirty-six full time
active Maintenance of Way employees.
For the reasons fully explained in Award No. 5, we find that the Agreement was not violated.
AWARD: Claim denied.
' 4an'yEo.imon
airman and Neutral Member
Ti Othy W. eke Gay . Jam
Employee Member Carrier Me
Dated: l
Arlington Heights, Illinois