NATIONAL MEDIATION BOARD PUBLIC LAW BOARD NO. 7163

Brotherhood of Maintenance of Way

Employees Division, IBT RailConference and

CSX Transportation, Inc.

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) Case No. 261

) Award No. 261

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STATEMENT OF CLAIM:

"We are hereby submitting a claim under Rule 24 in favor of Track Department

employee C. Dickey ID 213521, because the Carrier violated, but not limited to, Rules 1,

3,4, 17, when itassignedajunioremployeetoworkovertime,ontheChicagoDivision.

Begiiu1ing on January 7, 2014, to andincluding February 14, 2014, the Carrier called in

and assigned ajunioremployeeB. Vermilyer ID 214862, towork overtime performing

snow duty, between milepost 191.9 and 248.8, on the Chicago Division.

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As a consequence ofthe violation of the above referred to Rules, the Claimant should be

allowed two hundred and forty (240) hours overtime, at his respective overtime rate of

pay."(System file: H42702514/2014-163394 CSX)

FINDINGS:

The Organization contends the Carrier offered overtime preference to a juni01

employee to perform snow removal work. The Claimant is senior in the Trackman Classification

and Trackmen customarily or traditionally perform snow removal of the type at issue in this

dispute

The Carrier responds that the Organization has failed to explain how Rules 1 3. and 4

were violated, and that the Organization failed to fulfill its burden of proof

The Board has carefully reviewed the record before us, and in this particular case, there is

conflicting evidence. The Boardis of the opinion that the Organization did not reach that level of

proof to persuade the Board to issue a 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----