PUBLIC LAW BOARD NO. 7566


BROTHERHOOD OF MAINTENANCE ) OF WAY EMPLOYES DIVISION )

IBT RAIL CONFERENCE )

)

and )

) CANADIAN NATIONAUWISCONSIN ) CENTRAL LTD. )


Case No. 6

Award No.6


Claimant: J. Brayak



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


  1. The Carrier violated the Agreement on Saturday, March 13, 2010, when it improperly assigned Remote Control Operator R. Belanger outside of the normal tour of duty and not in continuation of the day's work, to perform the duties of mechanic/loader while loading a ship, which is ordinarily and customarily performed by Claimant J. Brayak as part of his regular assignment as amechanic/loader (Carrier's File WC-BMWED-2011-00030 WCR).

  2. As a consequence of the violation referred to in Part 1 above, the Organization requests that Claimant Brayak be compensated eight (8) hours at the applicable mechanic/loader rate of pay, at the time and one-half rate, for the lost overtime work opportunity on Saturday, March 13, 2010.


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 bearing thereon.

This claim is dismissed.


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Brian Clauss, Chairman

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