BEFORE PUBLIC LAW BOARD NO. 7566 CASE NO. 121
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION – IBT RAIL CONFERENCE
and
WISCONSIN CENTRAL LTD.
Carrier’s File WC-BMWED-2016-00031
Claimant: J. PANICHI
STATEMENT OF CLAIM
“Claim of the System Committee of the Brotherhood that:
The Carrier violated Rule 22 of the Agreement when it failed to offer and assign Mr. J. Panichi to perform overtime track inspection work on the Rainy Subdivision on January 16, 17 and 18, 2016 and instead assigned junior employe J. Brenna thereto (Carrier’s File WC- BMWED-2016-00031 WCR).
The claim referenced in Part 1 above, as presented by General Chairman J. Letizia, by letter dated March 10, 2016, to Senior Manager Engineering T. Swalboski, shall be allowed as presented because said claim was not disallowed by Senior Manager Swalboski in accordance with Rule 30.
As a consequence of the violations referred to in Parts 1 and/or 2 above, Claimant J. Panichi shall be compensated for twenty-seven
(27) hours at the applicable track inspector’s overtime rate of pay.”
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier or employee within the meaning of the Railway Labor Act as approved June 21, 1934.
Public Law Board 7566 has jurisdiction over the parties and the dispute involved herein.
The parties have resolved the above claim through settlement. Claim dismissed.
PLB NO. 7566
AWARD NO. 121
John K Ingoldsby Ryan Hidalgo
Carrier Member Organization Member
Brian Clauss Neutral Member
Dated: 1-26-21
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