AWARD NO. 20

Case No. 20

Organization File No. DM- 2 I 09-PL-004 PLR Carrier File No.

PUBLIC LAW BOARD NO. 7460

PARTIES TO DISPUTE

) BROTHERHOOD OF MA[NTENANCE OF WAY EMPLOYES DIVISION

)

)

)

) PADUCAH & LOUISVILLE RAILWAY

STATEMENT OF CLAI M:

1. The Carr ier violated the Agreement when on August 10 and 11. 2021. it assigned junior Class lll(H ). Welder Helper A. Coleman to perform overtime service consisting of provid­ ing Maintenance of Way flagging at Mile Post 1 69.5 on the Pri nceton, Kentucky Territory at the exclusion of senior, re gula rl y ass igned, Class V. Foreman J. Prince (System Fi le DM- 21 09-PL-004 PLR ).

   
   

2. As a consequence of the violati on referred to in Part 1 above. Claimant J. Prince shall now be compensated all overtime worked by the non-re gular, jun ior employe plus any differential pay and per diem.

FINDINGS:

The Board, upon consideration of the entire record and all of the evidence , finds that the parties are Carrier and Emp loyee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated December 16, 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 August IO and 1 I. 2021. the Carrier assigned Welder Helper A. Coleman to perform flagging work. The Organization argues Claimant should have been assigned this work inasmuch as he is senior to Welder Helper Coleman, and because Coleman is not a Foreman . The Carrier has

PUBLIC Li\W BOARD No. 7460

AWARD No. 20

PAGE2

assetied the Claimant was unavailable for service on August 11 because he had tested positive for COVID-19. The Organization has not refuted this content ion.

As we held in Avvard No . 17. Claimant was entitled to this overtime work under Rule 9(c) of the Agreement because he was the senior regularly assigned employee on this terr i tor y. The claim on his behalf. th ough, is valid onl y for August I 0. 2021 as he was unavailable for service the followi ng day. Claimant is to be compensated for the overtime hours worked by Welder Helper Coleman on Aug ust I 0, 2021. That is the extent of the remedy granted in this case.

AWARD: Claim sustained in accordan ce with the above Findings. The Carrier is directed to comply with this Award within thirty (30) days.

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1ohn S-

Employee Member

Dated : t'2-( t 9 /i.o-;..±

Arlington Heights, Illinois

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t oa_,ney"Good win Car rier Member