Organization File No. BG A091103
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 208, 210.3
and 226 on September 9, 10, 15, 16, 17 and 18, 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 T. Hardison, R. Brasher, S. W. Wilson, S. K. Wilson and B. Case shall now each
be compensated for twenty-six (26) 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 September 9 and 18, 2009 the Carrier utilized a contractor to build track switches
at Mile Posts 208, 210.3 and 226. This is work that falls within the scope of duties regularly
PUBLIC LAW BOARD No. 7460
AWARD
No. 9
PAGE 2
performed by 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.
~49ary Simon
man and ~eutral Member
Ti othy W. a Gaylon James
Employee Member Carrier embe~
Dated: t
Arlington H ghts, Illinois