NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD 6920
Kansas City Southern Railway Company )
MidSouth Rail Corporation/South )
Rail Corporation )
and ) Case No. 19
Awae·d No. I9
)
Illinois Central Gulf Federation )
Brotherhood of Maintenance Way )
Employes Division, International )
Brotherhood of Teamsters )
STATEMENT OT CLAIM:
I. Carrier violated the current Work Agreement Rules including, but not limited to
Rule(s) 12 (f) Seniority Datum, 15 (a) Promotions, Assignments, and Displacements
and 23 (f) Mobile Gangs and Expenses when Claimant J. Downs was not allowed to
displace a junior employee Trackman on a Surfacing Crew in Cason, Texas,
beginning on June 21, 2009 and continuing to July 24, 2009.
2. As a consequence of the violation referred to in Part I above, Claimant should be
compensated for two hundred twenty (220) dollars in mileage incurred to exercise his
seniority, compensation for a ten (10) hour day at the Trackman's rate of pay plus
any per diem and the difference in pay between the Trackman's rate of pay and a
Machine Operator's rate of pay for any and all days and time that the junior
employee worked as a Machine Operator.
Findines:
Public Law Board 6920, upon the whole record and all the evidence, finds that (1) the parties to
this dispute are Carrier and Employes within the meaning of the Railway Labor Act as amended,
(2) the Board has jurisdiction over this dispute and (3) the parties to this dispute were accorded
due notice of the hearing.
Subsequent to the filing of this dispute with the Board, the parties engaged in further discussions
and agreed to withdraw this case from the Board's consideration for adjudication.
Award:
Claim withdrawn.
Neutral Member
PLB 6920 Case No. 19
PLB NO. 6920
AWARD 19
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Kevin D. Evanski
Organization Member
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Tamm ardge Stepheyn
Cam' Member