Organization File No. 814141505
Carrier File No. 12 (06-0270)
PUBLIC LAW BOARD NO. 7163
PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE ) CSX TRANSPORTATION COMPANY
STATEMENT OF CLAIM:
(1) The Agreement was violated when the Carrier assigned Supervisor B.
Johnston to perform Maintenance of Way work (provide protection for the employes working
with the rail grinder) on the Dothan Subdivision on October 8, 9, 10, 11, 12, 13, 14, 15, 17,
18 and 19, 2005, instead of Mr. G. Reaves.
(2) The claim referenced in Part (1) above, as conferenced with the Carrier by
Vice Chairman L. C. Smith on July 11 and 12, 2006, shall be allowed as presented because
said claim was not disallowed by Director Employee Relations J. H. Wilson in accordance
with Rule 24.
(3) As a consequence of the violations referred to in Parts (1) and/or (2) above,
Claimant G. Reaves shall now ". . . be compensated for
64 hours at the straWht time rate anti
70 hours at the time and one-half rate
account the Carrier's use of the supervisor to perform this work."
FINDINGS:
The Board, upon consideration of the entire record and all of the evidence, finds that the
parties are Carrier and Employee within the meaning of the RailwayLabor Act, as amended, that this
Board is duly constituted by Agreement dated March 20, 2008, this Board has jurisdiction over the
dispute involved herein, and that the parties were given due notice of the hearing held.
PUBLIC LAW BOARD No. 7163
AWARD
No.
27
PAGE 2
It appears from the record before the Board that this claim was not discussed in conference,
as required by Section 3, First (i) of the Railway Labor Act. It is evident the Organization requested
a conference, but did not provide the Carrier with the proper file number. Consequently, the Carrier
officer conducting the conference did not have the file. The Organization did not ask to reschedule
the conference on this claim, but went forward and docketed the dispute with IVRAB, at which time
the record was closed. The claim was subsequently transferred to this Board.
Inasmuch as the claim was not discussed in conference, we have no choice but to conclude
it is not properly before the Board. Accordingly, we must dismiss it.
AWARD: Claim dismissed.
imon
airman and eutral Member
l~ V'
Roy C.~ binson James . ~Klimtzak
Emplo Yee Member Carrier Member
Dated:
Arlington Heights, Illinois