BEFORE PUBLIC LAW BOARD NO. 6043
Case No. 333
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
I. The Carrier violated the Agreement when it used an outside contractor (Jerry Sullivan) to perform the Maintenance of Way work of material delivery and scrap removal at 22nd Street on the Peoria District near Decatur, Illinois, on September 13, 2011 (System File Cl 11104/IC-BMWED-2011-00147 ICE).
The Agreement was further violated when the Carrier failed to comply with the advance notification and conference provisions in connection with its plans to contract out the above-described work and failed to assert good-faith efforts to reduce the incidence of subcontracting and increase the use of Maintenance of Way forces as required by Appendix C and Appendix C-1 (December 11, 1981, National Letter of Agreement).
As a consequence of the violation referred to in Parts 1 and/or 2 above, Claimant G. Gatton shall be compensated for (8) straight time1'
hours and four (4) overtime hours at his respective rates of pay.
FINDINGS:
At the hearing of the Board in this case on January 15, 2018, this Board was informed that the parties have decided to settle this matter and dismiss the case.
PLB 6043
CASE 333
July 24, 2018 July 24, 2018