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 sustained

AWARD NO. 116 CASENO.116

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

The Carrier violated the Agreement when it failed to compensate Mr. C. Heisler one (1) hour and twenty (20) minutes at the time and one-half rate of pay for each day worked as a production gang foreman commencing on February 3, 2020 and continuing (System File Heisler151440PG030320/ GTW-BMWED-2020-00005 GTW).
As a consequence of the violation referred to in Part 1 above, Claimant C. Heisler shall now be compensated one (1) hour and twenty (20) minutes incentive compensation at the time and one-half rate at his respected hourly rate of pay for each day worked as a production gang foreman commencing on February 3, 2020 and continuing."

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.

Aside from the differences in dates, this claim is virtually identical to Case 112/Award No. 112 and 113/Award No. 113. According to the claim, Claimant was the foreman of a System Production Support Gang assigned to picking up ties left along the right of way by the previous work of a System Production Tie Gang. However, he was not paid the 1:20 of daily incentive compensation due his position in violation of Rule 16 Section l(a).

Inaddition, the claim alleges, like the previous claims cited, that Claimant was instructed to charge his time to ''Production" work in the payroll system The

Public Law Board No. 7599 Award No. 116

Page2

Organization requested all pertinent Carrier records related to the claim. No such records were produced for review by us.

The Carrier contends that Claimant was filling aMobile Foreman position that did not constitute Production Support.

After thorough review of the record, we find the Organization and Claimant have significant Agreement support for their position whereas the Carrier's position lacks such Agreement support. Therefore, the claim is sustained.

AWARD:

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

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mann,

Organization Member

Date: JD M. A ( dRc¼)

and Neutral Member

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Patrick Crain, Carrier Member