AWARD NO. 185
Case No. 185
Organization File No. S21158413 Carrier File No. 2012-139933
PARTIES TO DISPUTE
) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION,
) INTERNATIONAL BROTHERHOOD OF TEAMSTERS
)
)
) CSX TRANSPORTATION, INC.
STATEMENT OF CLAIM:
The Agreement was violated when it failed to call and assign Claimant R. Tyree, who was furloughed, to perform walking rail lifter and trackman work on January 21, 22, 23 and 24, 2013 and instead assigned Foreman G. Harris and Assistant Foremen J. Morrow and N. Howard thereto.
As a consequence of the violation referred to in Part 1 above, Claimant R. Tyree shall now be paid forty (40) hours of straight time and three (3) hours of overtime.
FINDINGS:
The Board, upon consideration of the entire record and all of the evidence, finds that the parties are Carrier and Employee within the meaning of the 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.
The Organization claims the Carrier assigned a Foreman and two Assistant Foremen to perform walking rail lifter and trackman work on the dates of claim without first offering such work to Claimant. This, saysthe Organization, was a violation of Claimant's seniority rights. In progress- ing its claim on the property, however, the Organization has failed to establish a factual record to
PUBLIC LAW BOARD No. 7163
AWARD NO. 185
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support its position. We, therefore, are unable to find that the Agreement was violated and we must deny the claim.
AWARD: Claim denied.
Andrew
Employee Member
Rob Miller Carrier Member
