PUBLIC LAW BOARD NO. 4816
*
*
* In the Matter of the Arbitration between
* CSX Transportation Inc.
* (former Louisville & Nashville)
Parties
to the * and 'Case No. 2
Dispute
* Brotherhood of Maintenance of Way Employes
* *
STATEMENT OF CLAIM
"Claimants:
1. B.V. Walters * ID 187296 1,027.5Q
2. D.R. Philpot ID 187570 1,554.20
3. B.D. Smith ID 187755 864.88
4. T. Bailey ID 187515 749.15
5. L.G. McIntosh * ID 187298 1,027.50
6. D.A. Wilt ID 187526 1,069.29
7. S.R- Collins ID 137516 1,018.61
8. D.O. Chaney ** ID 187627 1,146.85
9. W.R. Brown * ID 187327 1,027.50
10. B.J. Cundiff
**
ID 186821 _ 573.82
11. N. Morris * ID 187625 995.80
12. J.E. Norman ID 186813 1,004.65
13. J.-- Best ** ID 187333 596.30
14. S.B. Sumner ID 187519 785.15 -
15. W.P. Chapman ID 186396 573.82
16. ,7. M. Addison ID 185952 408.10
17. W.L. Hoover ID 187499 572.45
18.
C.
Watts ID 186007 308.75
19. E.W. Griffin ID 188141 821.90 -
20.
S.F.
Gibson * ID 187624 433-55
21. E_C. Bush, Jr. ID 187498 572.45
22. G.D_ Rader ID 187297 825.00
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,,Claimants should be allowed their actual expenses,
as prescribed by Award 298 and the current Agreement.
These expenses should be paid from August 1, 1988,
until September 30. 1988, and continuous until
violation is stopped.
On August 1, 1988, Tie Gang 6C26 began work,
headquartered stationary at Beattyville, KY.
This Gang was later moved to Jackson, KY, headquartered stationary, where it-was subsequently
abolished September 30, 1988.
Claimants were all assigned to this Gang at one
time during its existence, and are therefore
entitled to expenses, because this Gang did not
remain stationary at Beattyville, KY for one
(1) year .
. ...Rule 47, Appendix 35 and Award 298 were violated..."
OPINION OF
THE BOARD
This case involves twenty-two employes who, over a
period
of
approximately one year, worked in one or more Tie
Gangs established at four locations on the Eastern Kentucky
seniority district. Carrier established and abolished four
separate Tie Gangs between August 1, 1988, and July 28,
1989- Each Gang was advertised as a Fixed Headquarters Gang
where people went on and off duty each day at this
Headquarters point.
Petitioner contends that since the Gangs were established, abolished, and then reappeared at other locations,
they should have been classified as Floating Gangs and all
actualexpenses of named employes should have been paid.
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The fact that the Gang did not remain stationary at
Beattyville,KY for one year justifies the Unions, position,
Carrier contends that the Gangs were all Fixed
Headquarter Gangs. The employes who bid the positions
knew
the situation before they bidand no Contract rights of
the employes were violated. Carrier also contends that the
claim was untimely filed and should be dismissed on that
basis alone.
The issue in this case is whether the Gangs cited in
their claim (Extra Gang 6C26, Extra Gang 5C78, Extra Gang -
5C81, and Extra Gang 6122) were the same Gang with the fixed
report locations changed three times during the year or -
whether they were four separate Gangs that were properly -
established, abolished, and re-established at other
locations.
This Board has reviewed the material presented and
the pertinent Contract language. We find the claim timely
filed but lacking in merit. The Board cannot find any
language in the Agreement that restricts Carrier from
establishing Fixed Location Gangs and then, when the work
at a location is completed, abolish the Gang. Nor do, we
find any language in the Agreement that requires Carrier to
initially establish a Floating Gang assigned to camp cars
rather than a Fixed Headquarter Gang if, in fact, Carrier
chooses to operate the Gang from a single location. The
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employee in this instance all bid the job concerned fully
aware of the conditions governing each Gang. -
Based on the record and Petitioner's failure
to
identify the basis for its claim specifically and the
amount claimed, the Board i$ compelled to deny this claim.
AWARD
The claim is denied.
I
R.E.'))n~nis, Neutral Member
B.C. Sweatt, Carrier Menber N.J. Marquar, Employe Member
Date of Adoption
b0'd aU1 05·172 10-01-L0