PUBLIC LAW BOARD NO. 7163


BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

DIVISION - IBT RAIL CONFERENCE


vs.


CSX TRANSPORTATION, INC.


NMB Case No. 508 Award No. 508

Organization No. GLN506219 Carrier No. 19-55341


STATEMENT OF CLAIM


“Claim of the System Committee of the Brotherhood that:


This office is hereby submitting a claim under Rule 24 in favor of BMWE member Dakota Brannan (ID# 295110) because the Carrier violated the Agreement on August 19, 2019 when it denied him the opportunity to continue his workday and perform his assigned duties on the Great Lakes North Division.


Claimant Brannan is assigned as an A Machine Operator with Gang 5R07, a headquartered (at Marion, OH) position; working five (5) days a week from 0700 hours until 1530 hours. Mr. Whittaker (sic) has a Columbus District A Machine Operator seniority date of 05/01/2019.


The work in question was performed on the Columbus District at milepost QI

114.39 by bid-in SLWT employees – R. Mosher (ID# 207653 - 6G35 vehicle operator), J. Parkins (ID# 247552 - 5G74 welder), and R. Kunce (ID# 248694 - 5G74 welder helper). Those employees worked from 1530 until 1700 resulting in one and a half (1.5) hours, each, of overtime….”


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This Board has been advised that the parties have settled this case on the property and have withdrawn this dispute from the Board.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.

PLB No. 7163

Award No. 508


AWARD


Claim dismissed.


Jeanne Charles

Chairman and Neutral Member


John Nilon Ross Glorioso

Carrier Member Labor Member


Dated: 1-11-2023


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