PUBLIC LAW BOARD NO. 7163
CASE NO. 606
AWARD NO. 606
Brotherhood of Maintenance of Way Employes Division - IBT Rail Conference
and
CSX Transportation, Inc.
Claimant: C. Stevens
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
The Carrier violated the Agreement when, on June 22, 2020, the Carrier assigned employes R. Goddard and G. Paige (Carmen) to install and replace air line, hoses and gladhands at the QI 73.22 in Crestline, Ohio and failed to offer and assign employe C. Stevens thereto (System File GLK 905120/20-85143 CSX).
As a consequence of the violation referred to in Part 1 above, Claimant C. Stevens shall now'... be compensated Sixteen (16) Hours Straight Time, at his respective rate of pay, and all time be credited to vacation and retirement, account of the carrier's violation of the rules of the working agreement and this obvious loss of work opportunity.' (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 meaning of the Railway Labor Act, as amended, this Board is duly constituted by Agreement dated March 20, 2008, this Board has jurisdiction over the dispute involved herein, and the parties were given due notice of the hearing held.
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PLB No. 7163
Award No. 606
Claimant, C. Stevens, was assigned and working as a plumber on the Columbus Seniority District. The Organization contends that Claimant, rather than two carmen, should have installed and replaced the air line, hoses, and gladhands at the road crossing.
The Organization relies on the Scope Rule, which provides in relevant part:
The following work is reserved to BMWE members: all work in connection with the construction, maintenance, repair, inspection or dismantling oftracks, bridges, buildings, and other structures or facilities used in the operation ofthe carrier in the performance of common carrier service on property owned by carrier. This work will include . . . and other work customarily or traditionally performed by BMWE represented employees.
The record before the Board shows that the contested work has not been performed by BMWE employees to the exclusion of other crafts or contractors. Rather, SMART mechanical employees are regularly assigned to this area and this type of work. The rubber air line is regular work for the car department employees. The car department stocks the item for their regular inventory. Based on this record, the Carrier has not violated the Agreement.
AWARD:
Claim is denied.
Rachel Goedken Neutral Referee Dated: Feb 11, 2025
Casey Summers Employe Member
John Ingoldsby Carrier Member
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