SPECIAL BOARD OF ADJUSTMENT 1110
PARTIES TO
STATEMENT OF
Award No. 16
Case No. 16
Brotherhood of Maintenance of Way Employees
and
CSX Transportation, Inc. (Former Louisville and
Nashville Railroad Company)
Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Agreement when
it assigned W&A Seniority District employes
to perform work (cut and remove trees from
the track) between Mile Posts 51.E and
an the Bruceton/Memphis Subdivision,
Nashville Division on February 11 and 12,
1994 [System File 14(15)(94)J12(94-0908)
LNR].
2. As a consequence of the violation
referred to in Part (1) above, Claimants B.
A. Hopper, B. J. Spicer, G. L. Hedge and J.
D. Glisson shall, "Be paid S hours overtime
each for February 11, 1994 and 13 hours
double time each far February 12, 1994 at
their respective rates of pay."
FINDINGS:
This Board, upon the whole record arid all of the evidence,
finds and holds as follows:
1. That the Carrier and the Employees involved in this
dispute are, respectively, Carrier and Employees within the
meaning of the Railway Labor Act, as amended,; and
That the Board has
OF THE BOARD:
jurisdiction over this dispute.
This dispute arose as a result of the carrier's assignment of
active personnel from one seniority district to cut and to remove
trees from the right-of-way in another seniority district in the
aftermath of extensive damage caused by a severe ice storm. In
assigning the active personnel from a different seniority
district, the Carrier failed to recall from furlough the
Claimants, who possessed seniority in the seniority district in
which the Carrier assigned the active employees to perform the
relevant temporary emergency work. The record indicates that the
severe ice storm created serious emergency conditions that
justified the Carrier's reasonable action in immediately
assigning the active, available employees to cut and to remove
from the right-of-way in a timely manner. Under these
rcumstances the Carrier did not violate the Agreement.
The Claim is denied in accordance with the Opinion of the Board.
Robert L. ^ D~f
Chairman and Neutral Member
Donald D . Bartholom~
Employee `~:~ember
2
Carrier Member