AWARD NO. 161

Case No. 161


Organization File No. B16146712 Carrier File No. 2012-118605


PUBLIC LAW BOARD NO. 7163


PARTIES TO DISPUTE

) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION,

) INTERNATIONAL BROTHERHOOD OF TEAMSTERS

)

)

) CSX TRANSPORTATION, INC.


STATEMENT OF CLAIM:


  1. The Agreement was violated when, on February 1, 2 and 3, 2012, the Carrier asĀ­ signed Foreman Strictland to work a temporary vacancy assistant foreman flagging position in the vicinity of Mile Post OOK799.7 and failed to properly assign such work to Claimant P. Reeves.


  2. As a consequence of the violation referred to in Part 1 above, Claimant P. Reeves shall now beallowed twenty nine (29) hours overtime at the Assistant Foreman rate.


FINDINGS:


The Board, upon consideration of the entire record and all of the evidence, finds that the partiesare Carrier and Employee within the meaning ofthe Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated March 20, 2008, this Board has jurisdiction over the dispute involved herein, and that the parties were given due notice of the hearing held.

TheOrganization filed the instant claim on February 28, 2012, asserting that Claimant should have been assigned to fill a temporary assistant foreman flagging position in lieu ofR. D. Strictland. The claim was denied by the Division Engineer and was subsequently appealed to the Director of Labor Relations. The record reflects that the claim was discussed in conference on October 23,

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April 2, 2015