BROTHERHOOD OF MAINTENANCE ) OF WAY EMPLOYES DIVISION )
IBT RAIL CONFERENCE )
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and )
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CANADIAN NATIONAUWISCONSIN ) CENTRAL LTD. )
Case No. 25
Award No. 25
Claimant: G. Luther
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
l. The Carrier violated Rule 22, Section 3A and Rule 8 of the Agreement when it failed to call and assign Claimant G. Luther, who was regularly assigned to a machine operator headquartered at Green Bay, Wisconsin and instead assigned Mr. B. Bruley to perform the overtime track repair work of fixing a broken rail in the Green Bay Yard on August 23, 2011 (Carrier's File WC-BMWED-2011 -00028).
2. As a consequence of the violation outlined in Part 1above, Mr. T. Cole shall be compensated four (4) hours' pay at his respective time and one-half rate of pay."
Findings:
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 hasjurisdiction over the parties and the dispute involved herein. Parties to said dispute were given due notice of hearing thereon.
The Organization contends that the Carrier violated Rule 8 and Rule 22 when it assigned a Track Inspector to perform a repair to a rail. Claimant, who normally performed rail repair in the Green Bay Yard, should have been called.
The Carrier coW1ters that the Agreement provides that a Track Inspector can perform work incidental to the position. Traclc Inspector Bruley performed incidental work to the rail. Further, two employees also performed the railrepair.
The Organization bears the burden. The Organization has met that burden and established that the Track Inspector was performing more than work incidental to his position as a Track Inspector. While some work on the track is incidental to the position, performing a track repair that took hoUIS is not incidental. Claimant should have been called.
Award:
PLB No. 7566
Case No. 25
Award No. 25
The claim is sustained and the Carrier must afford the Claimant the remedy requested in Part 2 of the claim within thirty (30) days of the effective date of the Award.
Brian Clauss, Chairman
Signed on .f..\......i.!.>..\.J...c...._v...\o...<.? /.__.l_0
.,2015
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