In the Matter of Arbitration between:
In the Matter of Arbitration between:
Case No. 65
Award No. 65
This Decision resolves the Organization’s claim as follows:
The Carrier violated the Agreement when it assigned members of a Blue Island Gang to perform overtime service on the Rock Island District on May 29, 2016 instead of Ms. L. Powell who was headquartered on the Rock Island District (System File C 16 05 29/8-21-693 NRC).
As a consequence of the violation referred to in Part 1 above, Claimant
L. Powell shall be compensated for thirteen (13) hours at her respective overtime rate of pay.
Based on the record developed by the Organization and the Carrier, this Public Law Board (Board) finds the Parties herein to be a Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction over the Parties and the dispute.
The Board’s review of the on property record established that the overtime service by members of the Blue Island District Gang on May 29, 2016 was performed between Milepost (MP) 12 and 34. Further, the record established that the LaSalle Street Gang headquartered on the Rock Island District, to which Claimant is assigned, is assigned to work from LaSalle Street to MP 0.4. For this reason, BMWE did not meet its burden of proof. The claim is denied.
AWARD
Claim denied.
For the Organization: the Carrier:
PLB 5564
Case No. 65
Award No. 65
Rya Hidalgo
Public Law Board Advocate 'BMWE-IBT
Danielle Gaut ier Director - Labor Metra
Sean J. Rogers, Esq.
Sean J. Rogers & Associates, LLC Leonardtown, Maryland
October -2!_, 2019
2