NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD No. 7163
Brotherhood
of Maintenance of Way )
Employes Division, IBT Rail Conference )
VS.
) Case No. 120
Award No. 120
CSX Transportation, Inc. )
STATEMENT OF CLAIM
: "Claim of the System Committee of the Brotherhood that:
1. The Carrier's dismissal of Claimant T. Tucker for violation of Rule 26 of the
Agreement for his alleged failure to protect his assignment or contact his
supervisor in connection with his alleged failure to report for duty on his
position as a machine operator on Force 6671 beginning on November 29,
2011 and continuing was entirely improper, arbitrary and unwarranted
(System File D70801612/2012-116994).
2. As a consequence of the Carrier's violation described in Part 1 above,
`... Claimant Tucker shall have the letter dated January 10, 2012 removed
from his personal file and his name placed back on all appropriate seniority
rosters with the correct seniority dates, and he shall be compensated with
all straight time, and overtime, he would ordinarily be entitled to receive
beginning January 11, 2012, and continuing, and all fringe benefits he may
be entitled to receive would be re-activated as of January 11, 2012
continuing until this violation stops. ***' (Employes' Exhibit `A-2')."
[Organization Submission at 1]
Findines
:
Public Law Board No. 7163, 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 the dispute were
accorded due notice of the hearing and participated in this proceeding.
This claim was timely presented by the Organization and responded to by the Carrier during onproperty processing including conference. Having addressed this claim in the customary and
usual manner, the record established by the parties is now before the Board for adjudication.
On August 7, 2006 the Claimant entered on duty with the Carrier in the Bridge & Building
Department. On June 13, 2011 he was awarded the position Machine Operator on Force 6671
for the Clifton Forge Seniority District of the C&O Division.
On January 10, 2012 the Carrier notified Claimant that his seniority was terminated pursuant to
Rule 26(b) because he failed to protect his assignment during his absence beginning November
29, 2011 and continuing thereafter.
The Board finds, based on the specific facts presented in this case, the Claimant shall be
reinstated to service with his seniority rights unimpaired, but without backpay for any time lost.
Award:
As specified in the findings.
Carrier Member
Robert A. Paszta
Dated this
/69
day
Patrick . Halter
Neutral Member
PLB No. 7163 Case No. 120
f
Organization M er
Peter E. Kennedy