PUBLIC LAW BOARD NO. 6399

CASE NO. 24

AWARD NO. 24

Brotherhood of Maintenance of Way Employes Division - IBT Rail Conference

and

Norfolk Southern Railway Company

(former Norfolk & Western Railway Company)

Claimants: W. Floyd, Z. Graybill, D. Linthicum, M. Neamo, P. Archie, H. Heck and J. Arnold

STATEMENT OF CLAIM:

“Claim of the System Committee of the Brotherhood that:

1. The Carrier violated the Agreement when it assigned outside forces (APC Contracting) to perform Maintenance of Way and Structures Department work (operating equipment for the purpose of grade work/excavation) in the Carrier’s Rail Yard, Roanoke, Virginia, beginning on June 15, 2020 and continuing through July 3, 2020, instead of assigning employes W. Floyd,

   Z. Graybill, D. Linthicum, M. Neamo, P. Archie, H. Heck and J. Arnold thereto (Carrier’s File MW-BLUE-20-103-LM-667 NWR).

   
   

2. The Agreement was further violated when the Carrier failed to make a good faith effort to reach an understanding concerning the work being claimed, as required by Appendix ‘F’.

   
   

3. As a consequence of the violations referred to in Parts (1) and/or (2) above, Claimants W. Floyd, Z. Graybill, D. Linthicum, M. Neamo, P. Archie, H. Heck and J. Arnold shall now each ‘… be compensated (86.3) straight time hours and (76.5) overtime hours at their respective straight time and overtime rates of pay. ***’”

FINDINGS:

The Board, after hearing upon the whole record and all the evidence, finds that the Carrier and Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as amended, that the Public Law Board 6399 has jurisdiction over the dispute involved herein and that the parties were given due notice of hearing thereon.

At a hearing before the Board, the Board determined that this claim has been settled and hereby issues an Award showing that it is dismissed.

PLB 6399

Case No. 24

Page 2 of 2

AWARD

Claim dismissed.