BEFORE PUBLIC LAW BOARD NO. 7566 CASE NO. 145

BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES DIVISION

and

CANADIAN NATIONAL RAILWAY, WISCONSIN CENTRAL

Carrier’s File WC-BMWED-2013-00039

STATEMENT OF CLAIM

“Claim of the System Committee of the Brotherhood that:

1. The Carrier violated Rules 1 and 13 of the Agreement when it significantly altered the makeup of its workforce (i.e., employes that were working on the WC Tie Gang) by assigning non-Agreement employes to perform the duties of installing ties on the Whitehall Subdivision beginning on November 9, 2013 and continuing (Carrier’s File WC-BMWED-2013-00039 WCR).

2. As a consequence of the violation referred to in Part 1 above, Claimants shall now be compensated an equal and proportionate share of all hours worked by the non-Agreement employes beginning November 9, 2013 and continuing.”

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.

Claimants were given proper notice of the hearing in the instant claim.

PLB NO. 7566

AWARD NO. 145

The parties have resolved the above claim through settlement. Claim dismissed.

Organization Member Carrier Member

Ryan Hidalgo Cathy Cortez

Neutral Member Brian Clauss

Dated: November 19, 2019

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