PUBLIC LAW BOARD NO. 7460

PARTIES TO

DIS PUT E

) BROTH ERHOO D OF MAINTENANCE OF WAY EMPLOYES DIVISION

)

) PA DUCAH & LO U J SVI LL E RAILWAY

STATEM ENT Of CLA I M:

l. The Carrier violated the Agreement whe n, on August 11 , 12, 13, 23, 24, 25, 26 and 27, 2021 , it assigned a non-regular foreman to perform overtime service of providing flagging at Mile Post 12 on the Louisville. Ke ntuck y Section Te rrit ory at the exclusion of the regu larly ass ig ned , Class V. Foreman K. Ma tti ng ly (System File DM-2109-PL-003 PLR) .

2. As a consequence of the vi olation referred to in Part 1 above. Claimant K. Mattingly shall now be compen sated all overtime worked by the no nregular employe pl us any differential pay and per diem.

FINDINGS:

The Board, Ltpon consideration of the entire record and all of the evidence , finds that the parties are Carrier and Employee within the meaning of the Rail way Labor Act, as amended , that this Board is du l y constituted by Agreement dated December 1 6, 20 I 0, this Board has jurisdiction over the dispute involved herein , and that the parties were given due notice of the hearing held.

On the dates of cla im, the Carrier assigned emplo yee J. Dulaney to perform flagging work

on an overtime basis on the Lo ui sville , Kentucky Territ ory. The Organization claims this work should have been assigned to Claimant , who is regularly assigned as a Foreman . Employee Dulane y is not a Foreman. but is se nior to Cl ai man t.

PUBLIC L i\ W 8 0 /\ RD No . 7460

A W1\ RD NO. 19

PAGE 2

As we noted in Award No. 1 8, we have not been referred to any provision in the parties· Agreement that reserves or gives preference to flagging work to Foremen. In fact. the Carrier has shown that the Organization had served a Section 6 Notice seeking such preference for Foremen. The Organization may not obtain through arbitration what it has not been able to obtain through negotiations.

Inasmuch as Claimant was junior in seniority to the employee who was assigned the work , we find no basis for the claim. We cannot find that the Agreement was violated.

AWARD : Claim denied.

/2/::Z"---=--,e-

Employee Member

Dated: I Z-/If / z.oz_..i

Ari ington Heights, rlli nois

'16 t.,Li.-:-

1,oa_, ne- y•Goodwin Carrier Member