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:

The Agreement was violated when, on March 10, 2013, the Carrier assigned out of class employe J. Persinger and junior employe Ady to perform overtime Track Department work of repairing and replacing broken rail on the Clifton Forge Senior ity District.
As a consequence of the violation referred to in Part 1 above, Claimant A. McKemy shall now be compensated for six (6) hours' overtime at his respective rate of pay.

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 asserts the Carrier utilized a welder to perform track work in repairing a broken rail. The record shows that Trackman Ady and Welder J. Persinger were called out on overtime on March 10, 2013 to repair a broken rail on the Alleghany Subdivision. It argues Claimant, a trackman, should have been called for this overtime work instead of Welder Persinger.

PUBLIC LAW BOARDNo. 7163

AWARD NO. 218

PAGE2

The Carrier has responded that Persinger was called in the event welding was going to be required. The Carrier explains that this is a standard practice when trackmen are called out to repair broken rails. As it happened, no welding was performed. There is also no evidence that Persinger performed any work in connection with the repair of the broken rail. According to the Carrier, all of the work was performed by Trackman Ady. The Organization has offered nothing to contradict this contention. We must find, therefore, that the Organization has failed to establish that the Agreement was violated.

AWARD: Claim denied.

a mon

Chairman and N utral Member

Arlclrew Mulford

Employee Member

Rob Miller Carrier Member

Dated: 10/19/16

Arlington Heights, Illinois