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.


Chairman and Neutral Member

Donald D . Bartholom~ Employee `~:~ember

2

Carrier Member