Public Law Board 7163
Award No. 242
Parties to Dispute:
Brotherhood of Maintenance of Way Employees Division
Statement of Claim:
"Claim of the System Committee of the Brotherhood that:
The claim as presented by Vice Chairman David Lopez on June 10, 2013 to Division Engineer R. Daniels must be allowed as presented because said claim was not disallowed by Director Labor Relations R. Paszta in accordance with Rule 24(b) (System File A04503613/2013-146919 CSX).
As a consequence of the violation referred to in Part 1 above, Claimant M. Peterson must be allowed two hundred twelve (212) hours' pay at his respective double time rate of pay andforty eight (48) hours at his respective overtime rate of pay."
Findings:
The Organization filed a claim on behalf of Maintenance of Way Employee M. Pet erson. Mr. Peterson holds seniority in the B&B Sub-department on the Baltimore Service Lane Seniority District, Baltimore Division. The claim alleged that Carrier violated CBA rules 1, 3, 4, 11, 17, and MOA effective June 1, 1999, when it allowed a Track Department and junior employee R. E. Werner to work flagging position for an outside party installing tunnel liners on the Baltimore Service Lane, Baltimore Division.
Claim was appealed and denied up to Carrier's Highest Designated Officer (HOO) of appeal. Carrier's HOO and the Organization agreed to discuss this dispute in conference . Conference was convened, and Organization agreed to extend Carrier's response time until May9, 2014. On May 9, 2014, Carrier's HOO issued what the Organization characterized as a non-responsive denial letter in which the Carrier offered no rationale for its denial. The Organization argued such a letter fell, woefully, short of satisfying the standards for a denial letter as outlined in Rule 24 (b).
Rule 24 (b) reads in pertinent part:
"...When a claim or grievance is not allowed, the Carrier's Highest Designated Labor Relations Officer will so notify, in writing, whoever listed the claim or grievance (employee or his union representative) within sixty {60) days after the date the claim or grievance was discussed of the reason therefor. When not so notified, the claim will be allowed."
1
