BLIC LAW HOARD NO. 71

PARTIES TO DISPUTE

) BROTHERHOOD OF MAINTENANCE WAY EMPLOYES

) INTERNATIONAL BROTHERHOOD OF TEAMSTERS

)

) CSX TRANSPORTATION, JNC.

STATEMENT OF CLAIM:

L The Agreement was violated when, commencing on May 16, 2016 and continuing through and including June 2016. the Carrier allowed junior employes R. Saulter and C. Piazza to upgrade into and work assistant foreman positions (System File S2l909016/2016-209365 CSX).

2. As of violation referred to in 1 Claimant shall now be ",,, compensated for the ditforence in pay between Class machine

rate for Ten 110) Straight Time, Ten ( l 0) Hours Holiday Pay and Thirty Nine (39) hours Overtime, and all time be credited towards vacation and Railroad Retirement.' (Employes' Exhibit 'A-1')."

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 Railway Labor 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.

The claim herein has been settled by the parties. Inasmuch as there is no longer a matter in controversy, the claim must be dismissed.

Pt !BLIC LAW ROAR!) No. 7 l 63

AWARD: Claim dism

Andrew Mulford Employee Member

Dated: --2/4-/19----- Arlin1-,,rton Heights, Illinois

Katrina Donovan Carrier Member