PUBLIC LAW BOARD NO. 7566


BROTHERHOOD OF MAINTENANCE OF ) Award No. 59 WAY EMPLOYES -- IBT RAIL CONFERENCE ) Case No. 59

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and )

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CANADIAN NATIONAL/WISCONSIN )

CENTRAL LTD. )

) Claimant: L. Jahns


STATEMENT OF CLAIM: “Claim of the System Committee of the Brotherhood that:


  1. The Agreement was violated when the Carrier failed to properly compensate Mr. L. Jahns for all hours the Carrier instructed him to work away from his advertised headquarters at Fond du Lac, Wisconsin beginning on May 13 through 16, 2013 and again on June 5 through 7, 2013 (Carrier’s File WC-BMWED-2013-00019 WCR).

  2. The claim* referenced in Part 1 above, as presented under the date of June 10, 2013, shall be allowed as presented because the Carrier failed to meet and conduct business with the Organization at a Labor/Management Resolution Committee meeting in accordance with Rule 30.

  3. As a consequence of the violation referred to in Parts 1 and/or 2 above, Claimant L. Jahns, in addition to the eight (8) hours of straight time he was paid for each work day May 13 through 16, 2013, is entitled to thirty-two

(32) hours at a time and one-half rate and thirty-two (32) hours at the double time rate. Also, Claimant, in addition to the eight (8) hours of straight time he was paid each work day June 5 through 7, 2013, is entitled to sixteen

(16) hours at the time and one-half rate and to sixteen (16) hours at the double time rate

*The initial letter of claim will be reproduced within our initial submission.”


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 has jurisdiction over the parties and the dispute involved herein. Parties to said dispute were given due notice of hearing thereon.

PLB No. 7566

Case No. 59

Award No. 59


The Carrier and Organization resolved the matter at the hearing.

Award:


The claim is dismissed.



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Brian Clauss, Chairman


Cathy Cortez, Carrier Member Ryan Hidalgo, Organization Member


Signed on July 24, 2018


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