Brotherhood of Maintenance of Way Employees

and

Award No. 38 Case No. 38

CSX Transportation, Inc. (former Atlanta & West Point Railroad Company)

Claim of the System Committee of the Brotherhood that:

1. The Carrier violated the Agreement when
it assigned fourteen (14) employes with
farmer Seaboard System Railroad (SSY)
seniority to perform track maintenance work
(installing ties) on the Georgia and Camak
Subdivisions on the Atlanta & West Point
Railroad, The Western Railway of Alabama,
Georgia Railroad and Atlanta Joint Terminals
(A&WP-WofA-GaRR-AJT) Seniority District an
November 15, 1993 through and including
November 25, 1993 [System File 94-19j12(94
0714) AWP]

.

2. As a consequence of the violation
referred to in Part (1) above, Claimants J.T.
Rabun, T Holt, Jr., L.J. Jackson, J. Scott,
R.V. Coleman, W. Hannah, M.R. Farmer, R.L.

Grissom, L. Wi

W. Davis

lkerson, L.J. Hunt, H. Hudson,

.J. Jennings, D.P. Bohler and

L.H. Tudor shall each be compensated at their appropriate pro-rata rates of pay for an equal proportionate share of the total straight time hours expended by the SSY employes and at their appropriate time and one-half rates of pay for an equal proportionate share of the total overtime hours expended by the SSY employes in the performance of the subject work.

FINDINGS:

This Board, upon the whole record and all of the evidence, finds and holds as follows:

1. That the Carrier and the Employee involved in this dispute are, respectively, carrier and Employee within the
meaning of the Railway Labor Act, as amended,; and

Board has jurisdiction over this dispute.

The Carrier has admitted and the record proves by a fair preponderance of the credible evidence that a violation of the Agreement occurred when the Carrier used employees from a different seniority district to perform track maintenance work (installing ties).

The dispute therefore narrows to a determination of an appropriate remedy. The record substantiates that the out-ofdistrict employees performed the routine maintenance work of crosstie removal and replacement during the referenced period. The vast precedent of awards involving this issue have awarded the full amount claimed, and we see no reason to deviate from those awards. The claim therefore is sustained in full.

AWARD:

The Claim is sustained in accordance with the opinion of the Board. The Carrier shall make the Award effective on or before 30 days following the date of this Award.

Robert L. Do4~`las--

Chairman and Neutral Member

Donald D~\ Barthjrb; Patricia A. Madden
Employee Member Carrier Member

Dated: ~~-.'~'~'