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Parties tg Dispute:

PlBNo.7163

Award No. 250


Brotherhood of Maintenance of Way Employees Division IBT Rail Conference


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Statement of Claim:


"Claim of the System Committee of the Brotherhood that:


  1. The Agreement was violated when, on September 22 and 23, 2012, the Carrier assigned Welding Department Employer T. Kutscherenko to perform overtime Track Department work of unloading ballast with work train on the Marietta Sub on the Monongah West Seniority District, C&O Service Lane (System File G5512112/2D12-135351 CSX).


  2. As a consequence of the violation referred to in Part 1 above, Claimant D. Wyantshall now be compensated for twenty-four (24) hours overtime at his respective rate of pay."


Findings:


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The Carrier or Carriers Carrier or Employee within the Board 7163 has jurisdiction over the

r-mOIO'VPI" or Employees involved in this dispute are, r<>cn,:>t't"!\f.:>l\t

Act as June image


Central to the Organization's claim was that Claimant D. A. Wyant's seniority as a trackman was superior to that of Welder - Mr. Kutscherenko; and for that reason, Claimant O. Wyant should have been assigned to perform overtime work of unloading ballast in the Track Department.


The Carrier maintained that since neither Welder, Mr. Kutscherenko nor Trackman, Mr. 0.

Wyant were assigned duties in thejob classification at the relevant time; and since Mr. Kutscherenko's seniority was superior to Claimant Mr. Wyant's in the trackman job classification, it was quite proper to call Mr. Kutscherenko to perform trackman tasks between milepost BUS 11.7 and BUS 34.9 on the Monongah West Seniority District -where the work was performed.


Based on evidence of record, Claimant Mr. Wyant did not adduce sufficient evidence to make his case.



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Claim denied.

PlB No. 7163

No.250


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J.E. (Jim)

Chairman


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ina Donov n

CSX Transportation, Inc.

A rew M, Mulford

SMEW


Carrier Member Organization Member

Dated this '3 day of December 2017