PUBLIC LAW BOARD NO. 7163

PARTIES TO DISPUTE

) BROTHERHOOD OF MArNTENANCE OF WAY EMPLOYES DIVISION,

) INTERNATIONAL BROTHERHOOD OF TEAMSTERS

)

) CSX TRANSPORTATION, INC.

STATEMENT OF CLAIM:

The Agreement was violated when the Carrier assigned Signal Department employes to perform Bridge and Building (B&B) Department work building and assembling two (2) picnic tables in Avon Yard in the vicinity of Mile Post QS 9.4, on January 22, 2019, instead of assigning B&B Subdepartment employe J. Wagner thereto (System File LON402 l l 9/19- 76413 CSX).
As a consequence of the violation referred to in Part 1 above, Claimant J. Wagner shall now be compensated for'... eight (8) hours at his respective straight time rate ofpay. Also, that all time be credited towards vacation and 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.

On January 22, 2019, while Claimant was assigned as a B&B Mechanic on the Southwest Seniority District, four Signal Department employees at Avon Yard assembled two picnic tables. According to the Organization:

PUBLIC LAW BOARD NO. 7163

AWARD NO. 480

PAGE2

The work performed included the construction and mounting of tables. This carpentry work included the operation of hand tools and power tools. The Signal Department employees first constructed the tab le s, then used hammer drills to drill concrete anchors into the concrete floor where the tables were to be placed and lagged them down.

The Organization argues this work, which took two hours, or a total of eight hours, to perform, was work that is reserved to the BMWE-represented employees. It cites the Scope Rule, reading, in pertinent part, as follows:

The following work is reserved to BMWE members: all work in connection with the construct ion, ma i ntenance , rep ai r, in spection or dismantling of track, br i dges , bu il di ngs, and other structures or facilities used in th e operation of the carrier in the performance of common carrier service on property owned by the carrier. This work will include ... rough and fi n is h carpentry work; concrete and masonry work ... and other work customarily and traditionally perfonned by BMWE represented employees.

It is the Board' s conclusion that the Organization has not shown that the work performed by the Signal Department employees involved "track, bridges, buildings , and other structures." Nor has the Organization shown that there has been a long-standing, system-wide practice of its members assembling picnic tables to the exclusion of all other Carrier employees. This is not to say that the Carrier may not assign this work to B&B employees; it just does not have to do so. The Agreement was not violated.

AWARD: Claim denied.

Ross Glorioso Employee Member

Dated: 1_/1_2/_20_22_ _ _ _

Arlington Heights, Illinois

John Nilan Carrier Member