On February 15, 2016, CSX abolished the Lead Man Positions at Evansville, IN in the Transportation Yard on all three shifts, seven days a week. According to the CBA, the differential rate for Lead Carmen is $.50 per hour. Historically, Lead Carmen have been assigned to this location since October 30, 1987. CSX attempted to eliminate the Lead Man Differential Rate of $.50 per hour without abolishing the associated tasks. CSX expected the Carmen to continue performing the Lead Man’s duties without paying the differential rate or adding any other employees, including Management, to cover those duties.
Even though this was a minimal amount claimed, which resulted in a $4 claim for each shift, it was the TCU Carmen Division’s (BRC) position that the tasks of the Lead Man still existed and the Claimants were still performing this service without receiving the differential rate. BRC filed 1,209 claim dates for this violation until the case could be settled at Arbitration. The parties agreed to submit a pilot case to Arbitration and dispose of the other cases which were held in abeyance to this pilot case.
The Arbitrator upheld BRC’s position on August 7, 2018, by stating that the claimed work associated with Lead Mechanics had not, in fact, disappeared in Sustained PLB 7759 Award 22. This resulted in total compensation due to Claimants of $4,836.00 and the reestablishment of Lead Carman positions seven days a week for all three shifts.
“This case is a testament to the determination of the Carmen reps led by Assistant General President Don Grissom,” said TCU Vice-President and Carmen General President Rich Johnson. “Getting this award and, more importantly, the work back to our members is what makes every claim, big or small, worth pursuing.”
Click here to read the award.
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