a

... shall now (160)

(135

hours of (8) double time,

1

(3) meal

Award No. 311

PLB No. 7163

periods, at each of their respective rates of pay. Also, that all time be credited towards vacation and retirement.' (Employees Exhibit 'A-1 ')."

FINDINGS:

The Organization argues that the C arrier allegedly violated the Agreement when they denied the Claimant to assume a Vehicle Operator position on Team 6KFG. That during the claimed dates, the Claimant was forced to fill a vacancy as a Basic Track Foreman while another employee worked the Claimant's assignment. The Organization further strongly argues that Rule 1 sets forth specific clear guidelines regarding the primary duties of Maintenance of Way positions, which supports the claim. The claim should be sustained in its entirety.

The Carrier responds that the Organization has failed to show the C arrier violated any rules or agreements. The employee assigned to the Grapple Truck was properly assigned. The Claimant, by his own admission was neither Senior, qualified, nor available. Should the C arrier have assigned the Claimant to the position, the Carrier would have been in violation of Rule 4, resulting in claims from other Seniority Districts. In order to meet their burden of proof the

Page 2 of 4

4

Award No. 311

PLB No. 7163

Katrina Donovan Andrew M. Mulford

July 13, 2018

Page 4 of 4