PARTIES TO THE DISPUTE:


ARBITRATOR: DECISION:

PUBLIC LAW BOARD NO. 7599


Brotherhood of Maintenance of Way Employes Division IBT Rail Conference


vs.

Grand Trunk Western Railroad Company


Gerald E. Wallin


Claim partially sustained


AWARD NO. 105 CASENO.105

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


  1. The Agreement was violated when CN Conductor T. Blakemore engaged in scope covered BMWE work of spreading calcium chloride on two (2) in­ service track switches located in South Yard, the West end switches, Chicago Division, Flint Subdivision in Flint, Michigan on February 19, 2019 (Carrier's File GTW-BMWED-2019-00003 GTW).


  2. As a consequence of the violation referred to in Part 1 above, Claimants S. Labean and C. Adams shall now each be compensated two (2) hours and forty

(40) minutes at their appropriate time and one-half rates of pay for February 19, 2019 as compensation for the loss of earning opportunity."


FINDINGS OF THE BOARD:


The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.


According to the record, Carrier did not refute any of the elements of the claim that were alleged.. Conductor Blakemore is an outsider to the Agreement and performed scope-covered work at the time and place alleged without any rights to do so under the Agreement. The Carrier's sole defense is that Blakemore acted on his own. This, however, does not change the fact the he performed scope-covered work.


It appears from the record that Blakemore was only one person but the claim seeks a remedy for two employees without explaining why. The remedy is an indispensable element of a claim and requires a factual explanation to support


Public Law Board No. 7599 Award No. 105

Page2


it. Under the circumstance of the instant record, we can only partially sustain the claim as to the senior claimant.


Therefore, the claim is partially sustained.


AWARD:

The Claim is partially sustained in accordance with the Findings. The Carrier is directed to comply with this Award within thirty (30) days of the date shown below.


4 -h-;li-s-mann,---

Organization Member


Date: (})9 f1./..f dL)cLf

and Neutral Member


Patrick Crain, Carrier Member