NATIONAL MEDIATION BOARD PUBLIC LAW BOARD NO. 7163

Brotherhood of Maintenance of Way Employees Division, IBT Rail Conference

and

CSX Transportation, Inc.

)

)

) CaseNo.256

) Award No. 256

)

)

)

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

1. The Agreement wasviolated when, commencing onNovember 26,2012, and

   
   

   continuing. the Carrier assigned junior employees to perform winterization duties

   
   

   on Surface Production Gang (SPG) T-5 and failed to offer preference for or assign

   
   

   Mr. T.Schmidttosuchwork(Carrier's File2013-138675CSX).

   
   

2. Asaconsequence of the violationreferred toinPart 1 above, Claimant T.

Schmidt shall now be compensated for onehundred sixty (160) hours at the

applicable straight time rate of pay."

FINDINGS:

The

Claimant of an opportunity to perform SPG winterization work during the winter season.

The Carrier argues that all employees on System Productions Teams have for several

years participated via a sign-up sheet in volunteering for winterization work. That the Claiman1

did not sign up to participate and was therefore not called.

'The Board has carefully reviewed the record before us, and while the Claimant's

;tatement (Carrier Exhibit E Page 4 and Employees Exhibit A-3) was taken into consideration, i1

simply is insufficient by its self to compel the Board to issuea sustaining award.

AWARD:

Claim denied in accordance with the findings.

{

Don A. Hampton Neutral Chairman and Referee

Katrina Donovan Carrier Member

Andrew Mulford Employee Member

DATED: 3/14/18