PLBNO. 7566
AWARD NO. 228
work was BMWE-work and that the work was performed by subcontractors, then the Board can analyze the Carrier defense of unavailable equipment.
The Organization was made aware of the Carrier's position that the work was not exclusive. The Organization did not challenge the Carrier's position during the on property handling of the claim, merely asserting that it would continue to file claims. As a result, the Carrier's position went unchallenged, and the Organization has not established that this is exclusive work for BMWE-represented employees or adequately refuted the Carrier's position regarding the application of exclusivity.
Claim denied.
Adam Gilmour Organization Member
Steven Napierkowski Carrier Member
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Brian Clauss Neutral Member
Dated: December 18, 2024
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