NATIONAL MEDIATION BOARD PUBLIC LAW BOARD NO.7163
Brotherhood of Maintenance of Way )
Employes Division,IBT Rail Conference )
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and )
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CSX Transportation,Inc. )
Case No.171
Award No. 171
Statement of Claim "Claim of the System Committee of the Brotherhood that:
The Agreement was violated when it assigned a Bridge and Building (B&B) gang to perform Track Department work (i.e.,track dismantling) on July 25, 30,31and August 1,2, 6, 7 and 8, 2012 and failed to properly assign the work to Track Department forces (Carrier's File
2012-130841 CSX).
As a consequence of the violation referred to in Part 1above, Claimants J. Fields, W. Helton,
J. Stanley, J. Davis, S. Jordan and C. Artrip shall now '... be paid apportioned hours (480) as that worked by the B&B employees and that they each be paid at the applicable straight time and overtime rates of pay.' (Employes' Exhibit 'A-1')."
Background
During the period of time covered by this claim (July 2012 - August 2012) Claimants were assigned to positions in the Track Department (TD) performingtrack maintenance duties including the dismantling of track and collection and distribution of track material.
Accordingto the Organization, on the claimed dates the Carrier assigned B&B forces to remove spikes, plates, rail and other track material as well as spread rock to create a road in the area of dismantled track #6 in Phillips Yard. The claimed work is historically performed by TD forces. By assigning it to B&B forces, the Carrier violated Rule 1and Rule 3, Section (h) which states employees "shall be assigned duties associated with theirjob class assigned by bulletin award.''
The Carrier asserts that B&B forces worked alongside TD forces on this project; there were no lost work opportunities for B&B forces or TD forces as each performed the work of their departments. B&B forces performed worked related to bridge and road and TD forces performed track work unrelated to the bridge. The Roadmaster's statement and Bridge Manager's statement establish that there was a bridge on track #6; the bridge crosses a creek; removing track from the bridge is B&B work. The Roadmaster also stated that TD forces collected the track material.
Findings
Public Law Board 7163, upon the whole record and all the evidence, finds that (1) the parties to this dispute are Carrier and Employes withinthe meaning of the Railway Labor Act as amended, (2) the
Award No. 171
Board has jurisdiction over this dispute and (3) the parties to this dispute were afforded due notice of the hearing and participated in this proceeding.
Having reviewed the evidentiary record established by the parties in this proceeding, including the arbitral precedent relied upon by each party, the Board finds that the claim was timely and properly presented and handled by the Organization at all stages of appeal up to and including the Carrier's highest appellate officer.
The Board finds, further, that the Organization has not met its burden of proof to establish rules violations as alleged. The work involved renewing a bridge leading to the yard office; this required dismantling track and rerouting the road into that yard office. The undisputed statements by the Bridge Manager (responsible for overseeingthe B&B forces performing the claimed work) and the Roadmaster clarify the work performed by each department. B&B forces removed track from the bridge and road and TD forces collected the dismantled track materials. Work performed by forces in each department was properly allocated consistent with the terms of the Agreement. In view of these findings, the claim is denied.
Award Claim denied.
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Patrick Halter Neutral Member
Rob Miller 
Carrier Member Organization Member
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