NATIONAL MEDIATION BOARD PUBLIC LAW BOARD NO. 7163

Brotherhood of Maintenance of Way

Employees Division, IBT Rail Conference and

CSX Transportation, Inc.

) CaseNo.255

) AwardNo. 255

)

)

)

STATEMENT OF C LAIM: '."Claim of the System Committee of the Brotherhood that:

L The Agreement was violated when,onDecember9,10,11 and 12,2013, the

Carrier assigned junior employee J. Atchley to perform machine operator work(Carrier's File2014-157938CSX).

2. As a consequence of the violation referred to in Part 1 above, Claimant J. Cole shall now becompensated for forty (40) hoursstraight time at theapplicable rate

of pay."

FINDINGS:

The Organization argues the Claimant was deprived of an opportunity to perform

work on Tie Team on December 9, 3 through December 201 thi

claim is substantiated by the Controlling Agreement and must be sustained

The Carrier contends that the Claimant was with the T-1 Tie Team as a machine

operator. When T-1 was abolished, the Claimant elected to take his remaining vacation

and attendance hours

The Board has reviewed the record before us, and given the facts of this particulai

case. the Board is of the opinion that the claim should be denied.

AWARD:

Claim denied in accordance with thefindings.

Don A. Hampton Neutral Chairman and Referee

Katrina Donovan Carrier Member

Andrew Mulford Employee Member

DATED:--3/1-4/1-8 ---------------