PUBLIC LAW BOARD 5564
Case No. 56
Award No. 56
In the Matter of Arbitration between:
and
In the Matter of Arbitration between:
and
This Decision resolves the Organization's claim a:s follows:
The Carrier violated the Agreementwhen it assigned members ofthe LaSaUe Street Gang and 4'71'1Street Gang instead of the Claimants to perform overtime service cm the Southwest Service DistrictonJuly 8, 2012 (System File A120831/08..21..646 NRC).
As a consequence of tile violation referred to in Part 1 apove,
Claimants o. Unstrot, G. Ponce, J. Gonzales, J. Smith and R* Knor shall each be compe.nsated for seven (7) hours at their respective overtime rates of pay.
Based onthe record developed by the Organization andthe Carrier, this Public Law Board (Board) finds the Parties herein to b& a Carrier and Employees within the meaning of the Railway Labor Act, as amend&d,.and that this Board has jurisdiction over the Parties and the dispute.
Thisdispute isbetween the Brotherhood of Maintenance ofWay Employes Division
- IBT Rail Conference (BMWE or Organization} and the Northeast Illinois Regional Commuter Railroad Corporation (Metra or Carrier) (collectively the Parties). The dispute
arises out of BMWE's claim that on July 8, 2012, Metra violated the Parties' Agreement Appendix a and the March 28, 2006 Memorandum of Understanding (MOU) when
assigning we.rt< on the Palos Park Station (Palos Park), Southwest Service.District (SWS).
PLB 5564
Case No. 56
Award Net. 56
BMWE asserts that the Carrier improperly assigned the 47" Street Maintenance Bridge and Buildings gang {471h Street B&B Gang), Rock Island District, to the SWS District. to remove and replace crosswalks for track work at Palos Park from 6:00 a.m. to
1:oo p,m. on July&, 2012.
While this dispute is a separate claim, the facts are related to those in Case 57 which involved Metra's assignment of work on PaJos Park on July Sf 2012 and which involved on Linstrot, Ponce and Gonzales. As in Claim 51, the Parties' on property handling of the claim did not fully develop the facts and, consequently:. the record is arguably elliptical.
However, the aoard was able to discern the following mtaterial, undisputed and unrebutted facts:
On July 8,. 20.12. the SWS B&B Crew assfgned to the Palos Park ,erosswalk and track work required assistance. The Carriflr dispatched the 47" Street B&B Gang toas.sist the SWS B&B Crew. The 47lh Street B&B Gang had been assisting the SWS B&B Crew au. week. At the time, the Claimants Linstrot, Ponce, Smith and Knor, members of the Blue Island Gang No.1 and 2, Rod< Island District. were working on the Blue Island turntable which was a long term, demanding and protracted rebuilding project.
On August 31, 2012, BMWE's presented the claim asserting th.at Metra violated Agreement Appendix0 1 Section 5, and the March 28, 2006 MOU by a igning the 47th Street Gang instead of the Claimants' Blue Island Gang No. 1 and 2 to assist the SWS
B&B Crew. The Claimants maintained that the work wasexciusively reserved to the Rock Island B&B Gang. No.1 and 2 by the Agreement and the MOU. As remedy. BMWE requested that the Claimants be compensated 7 hours eactt at the overtime rate.
OnOctober 26,.2012, the Carrierdenied the claimresponding that thework toassist the SWS B&B Crew was assigned to the 4711:t Street Gang because the Claimants were working on the long-term Blue Island turntable rebuild. The Carrierargued that since the 47°1 Street B&B Gang was working the assignment during the week, they were entitled to the overtime work and BMWE's claim based on Appendix 0, Section 5 and 8 was without merit
PL65564
Case No, 56
Award Ne. 56
On December 7, 2012, BMWE appealed Metra's claimdenial reiterating that the
work belonged to the Claimants.
On January15,.2012, Metra dented BMWE's.appeal. Metra argued that Appendix O concerns the allocatio.n of overtime and does not control the work assignments in this dispute which was performed during both gang$' assigried flours. The Carrier also argued that the March 28, 2006 MOU expresses an exception in the eventofemergencywhichthe
Carrier maintained existed as regards the Palos Park work.
On August1a.201 . theclaim was cqnferenced without resolution. Thereafter, the dispute was docketed with this Soard for adjudication.
The applicable provisions of the Agreement, Appendix 0, and the March 28, 2006 MOU state:
APPENDIXO OVERTIME
AGREEMENT between the Northeast Illinois Regional Commuter Railroad
Corporation and the Brotherhood of Maintenance of Way Employes
IT IS AGREED:
In theapplication ofRule 17. CallBute and.Rule 18. Overtime of the April 18, 1984 GeneralRules Agreement, as amended, the: following proceclures wifJ govem the assignment of overtime, whether planned or emergency.
* * *
0.4 to Joliet isnormally assigned to BlueJsland Gang No. 1; and C.W.L and the Heritage Corridor arenormally (lssigoed to Blue lsfa!')d Gang No. 2, These gangs handle all B&B work on the district, including planned and emergency overtime. Any such overtime, either planned or emergency, is offeredtothegangnormallyassignedtothatarea. Seniority within individual gangs is always honored.
PLB5564
Case No. 56
Award No. 56
Any overtime help for LaSalle Street Gang would first go to Blue Island Gang 1 and then to Blue Island Gang 2.
Any overtime help for Blue Island Gang 1 would first go to Blue Island Gang 2 and then to LaSalle Street Gang.
Anyovertime help for Blue Island Gang 2 would first go to Blue Island Gang 1 and then to LaSalle Street Gang.
* * *
Section 8. Southwest Service - B&B One gang handles all work, including alt overtime, on this district. If additional assistance is needed, Blue Island Gangs 1 & 2 will be called in seniority order. If additional employees are still required, other Rock Island B&B employees willbe called in seniority order.
* * *
The March 28, 2006 MOU;
This is in regard to the application of the General Agreement between the Northeast Illinois Regional Commuter Railroad Corporation and the Brotherhood of Maintenance of Way Employes, particularly in regard to the assignment of district gangs. It is understood that such gangs will be established for the purpose of performing work ona particular district and will be assigned to perform work only within that district, except in the event of an emergency. The delineation of districts as set forth in Appendix "O" will govern in the application of this letter of understanding. In other words, the system will be divided into four districts: Rock Island, Metra Electric, Milwaukee, and Southwest Service.
In other than emergency situations, arrangements may be made for temporary cross-district assignment of gangs by agreement between the parties....
* * *
PLB5564
Case No. 56
Award No. 56
The facts established in the on property handling are that the Carrier assigned the 47th Street B&BGang, on a regular assignment with straight timecompensation andduring the Gang's regular work hours, to assist the SWS B&B Crew to remove and to replace crosswalks for track work at Palos Park, SWS District. The Blue Island Gang No. 1 was not assigned to assist because it was working on the Blue Island turntable.
The Carrier argues that the 47th Street B&B Gang was entitled to July 8, 2012 overtime work at Palos Park because the gang assisted the SWS B&B Crew with the work all week. The Carrier asserts that the July 8, 2012 work was a continuation assignment and therefore, not a violation Appendix O or the MOU.
BMWE 's claim does not establish the essential facts to prove a violation of Appendix 0, Sections 5 and 8 or the March 28, 2006 MOU.
The Board finds that BMWE has not proven a violation of the Agreement or the March 28, 2006 MOU. For this reason, there is no reason to address the Carrier's defenses regarding the emergency exception or splitting claims.
For the reasons discussed above, the Board finds that the claims are denied.
BMWE's claim is denied.
PLB5564
Case No. se
Award No. 56
For the OrganizatiQn:
Public Law Board Advocate BMWE-..fBT
Neutral Member:
.• SeanJ. oge
Sean J. Rogers & Associates, LLC Leonardtown1 Maryland December 21, 2016