BEFORE PUBLIC LAW BOARD NO. 7566 CASE NO. 127
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION – IBT RAIL CONFERENCE
and
WISCONSIN CENTRAL LTD.
Carrier’s File WC-BMWED-2017-00011 Claimant: J. VON RUEDEN
STATEMENT OF CLAIM
“Claim of the System Committee of the Brotherhood that:
The Carrier violated Rules 1 and 13 of the Agreement when it supplanted its existing workforce in an effort to deny an overtime work opportunity for Mr. J. VonRueden by assigning a non- Agreement employe, who is an assistant supervisor with the Carrier, to perform the duties of providing track protection and assisting in the repair of a pull apart, on a track maintained and owned by the Carrier in Proctor Yard, located in Proctor, Minnesota on March 4, 2017 (Carrier’s File WC-BMWED-2017-00011 WCR).
As a consequence of the violation referred to in Part 1 above, Claimant J. VonRueden shall be compensated at his applicable rate of pay for a total of five (5) hours at his applicable time and one-half 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. 127
John K Ingoldsby Ryan Hidalgo
Carrier Member Organization Member
Brian Clauss Neutral Member
Dated: 1-26-21
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