PUBLIC LAW BOARD NO. 7903

--------------------------------------------------------------------------------------- DAKOTA, MINNESOTA AND EASTERN RAILROAD ) COMPANY d/b/a CANADIAN PACIFIC )

)

-and- ) Case No. /Award No. 1

)

BROTHERHOOD OF MAINTENANCE )

OF WAY EMPLOYES DIVISION - IBT )

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STATEMENT OF CLAIM:

“Claim of the System Committee of the Brotherhood that:

The Agreement was violated when the Carrier assigned outside forces to perform Maintenance of Way work (rail train unloading work) at approximately Mile Post 226.0 to Mile Post 228.0 on the Track Subdivision on August 11, 2017 (System File B-1701D- 212/USA-BMWED_DM&E-2017-00125 DME).
As a consequence of the violation referred to in Part 1 above, Claimants S. Gertner,

S. Werner, T. Nosbush, C. Dressen and E. Dahl shall now be compensated for an equal share of fifty (50) hours at their applicable overtime rates of pay.”

ORGANIZATION POSITION:

The Organization argued that the Carrier cannot use outside forces beyond past practice, and that the work of concern fell outside those practices.

CARRIER POSITION:

The Carrier contended Rule 1 provides flexibility for it to use contractors so long as it does not result in the abolishment of one or more positions under the Agreement. It asserted it retained the right and flexibility to use contractors after the Agreement was executed and that it was not restricted from using contractors for the contested work.

DECISION:

This case has been rendered moot by intervening circumstances.

AWARD:

The claim is dismissed.

Dated: August 20, 2019

Patricia T. Bittel, Neutral Member

Andrew M. Mulford, Employe Member

for

Anthony Mosso, Carrier Member

PLB 7903