NATIONAL MEDIATIONBOARD PUBLIC LAW BOARD NO. 7163

Brotherhood of Maintenance of Way Employees Division, IBT RailConforence

and

CSX Transportation, Inc.

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) Case No. 253

) Award No. 253

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STATEMENT OFCLAIM: "Claimofthe System CommitteeoftheBrotherhood that:

1 The Agreement was violated when, on June 26 and June 27,2013, the

Carrier assigned Bridge and Building (B&B) Department employees to

perform overtime anddoubletime Track Departmentworkoftrackrepair

and maintenance, cribbing between crossties, removal andreinstallationof

crossties, the installation of culvert drain pipe and clearing of existing

drainage pipes near Mile Post CA348.0 onthe Clifton Forge Seniority

District (System File G31815913/2013-148393CSX).

2. As a consequence ofthe violationreferred to in Part 1 above, Claimants A.

McKemy, J. Ware, R.Brown, H. Reynolds, R.Lawhorn, D. Simpkins, A.

Award No. 253

PLB No. 7163

Hansford and G. Broughman shall each receive sixteen(16) hours of

overtime and six (6) hours of double time compensation at their respective

rates of pay."

FINDINGS:

The Board has reviewed, in detail, the record before the Board. The question is, were

B&B employees assigned the work that should have, by agreement been assigned to Track

Department employees.

The Organization contends that the work in question, removing and reinstalling railroad

ties, cribbing between ties, installing drainage pipes under the Carrier's right of way and clearing pipes. Thatthe Carrier's assignment of B&Bemployees wasinviolation of Rule 1(8), Rule3,

and Rule 17 of the Controlling Agreement.

The Carrier argues that the work in question was part of the Big Ben Tunnel Project, and

that contractors performed most of the actual tunnel work, however; CSXT employees

performed work that would accrue to them.

Award No. 253

PLB No. 7163

The Board is of the opinion, this particular case, that the Organization has met their

burden of proof with substantial evidence. The claim will be sustained.

AWARD:

Claim sustained in accordance with the findings.

Don A. Hampton Neutral Chairman and Referee

Katrina Donovan Carrier Member

Andrew Mulford Employee Member

DATED:

3/14/18

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