STATEMENT OF CLAIM: “Claim of the System Committee of the Brotherhood that:

“1. The Carrier violated the Agreement when, on February 19, 2014, it advertised a track inspector position and it expanded the contractually allowed number of track inspector positions from thirty-six (36) to fifty- three (53) and maintained that excessive number by another replacement to the excessive number (System File C 14 04 05/IC-BMWED-2014-00026 ICE).

2. As a consequence of the violation referred to in Part 1 above, Claimants

P. McGrath, B. Rush, A. Stanley, B. Stroh, T. Brister, J. Killingham, D. Mitchell, T. Patterson, E. Terrell, T. Young, R. Branch, W. Koehn, J. Harrison, D. Chapman, J. Faulstick, J. Bellamy and H. Hepfer shall each ‘*** be allowed the difference in rate of pay between the Trackman’s position [$22.77] and the position of Track Inspector [$27.13] [including all differentials] for a difference of $4.36 per hour or $34.88 per eight (8) hour day each day continuing forward from February 19, 2014 until the Carrier returns to the agreed upon number of Track Inspector positions.’”

FINDINGS:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier or employee within the meaning of the Railway Labor Act as approved June 21, 1934. Public Law Board 6043 has jurisdiction over the parties and the dispute involved herein.

At hearing before the Board, the parties jointly advised that this claim has been settled on the property and requested an Award showing it was dismissed.

PLB No. 6043

Case No. 367

AWARD

Claim dismissed.

Kathryn A. VanDagens, Neutral Member

Ross Glorioso, Organization Member John Ingoldsby, Carrier Member Dated: August 12, 2021

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