PUBLIC LAW BOARD NO. 7163


BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

DIVISION - IBT RAIL CONFERENCE


vs.


CSX TRANSPORTATION, INC.


NMB Case No. 506 Award No. 506

Organization No. GLN507219 Carrier No. 19-50938


STATEMENT OF CLAIM


“Claim of the System Committee of the Brotherhood that:


  1. The Agreement was violated when, between August 19, 2019 and August 26, 2019, the Carrier assigned Service Lane Work Territory (SLWT) employes C. Roberts and N. Hovest to perform flagging duties for a System Tie Team between Mile Posts CTT 16.4 and CTT 16.9 on the Hocking Seniority District instead of Gang 5KBK Foreman T. Weiland (System File GLN507219/19-50938 CSX).


  2. As a consequence of the violation referred to in Part 1 above, Claimant T. Weiland shall now be compensated for ‘… (70) claimed hours of overtime at his respective overtime rates of pay. Also, that all time be credited towards vacation and retirement. In accordance with Rule 24(f) when a claim for compensation is allowed, the employee and his union representation shall be advised, in writing, the amount and payroll involved.

***’ (Emphasis in original) (Employes’ Exhibit ‘A-1’).”


JURISDICTION


The Board upon consideration of the entire record and all the evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended; that the Board has jurisdiction over this dispute; that the parties were given due notice of hearing.


FINDINGS


This Board has been advised that the parties have settled this case on the property and have withdrawn this dispute from the Board. Therefore, no further action is required, and the claim shall be dismissed.


AWARD

PLB No. 7163

Award No. 506


Claim dismissed.


Jeanne Charles

Chairman and Neutral Member


John Nilon Carrier Member


Dated: 1-11-2023

Ross Glorioso Labor Member


Page 2 of 2