The Second Division consisted of the regular members and in addition Referee Elizabeth C. Wesman when award was rendered.

(Brotherhood Railway Carmen, Division of

( Transportation Communications International Union

PARTIES TO DISPUTE:

(CSX Transportation, Inc. (former Chesapeake &

( Ohio Railway Company)

"Claim of the Committee of the Union that:

1. That the Chesapeake and Ohio Railroad Company (CSX

Transportation, Inc., (hereinafter referred to as `carrier') violated

the controlling Shop Crafts Agreement specifically Rule 154 (a),

_ when the carrier assigned a blacksmith to perform work exclusively

reserved to the carman craft.

2. Accordingly, the carrier be instructed to pay carman D. R. Nichols,

ID #101530 (hereinafter referred to as `claimant') eight hours at the

applicable carman overtime rate for said violation."

FINDINGS:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee within the meaning of the Railway Labor Act, as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

As Third Party in Interest, the International Brotherhood of Boilermakers and Blacksmiths was advised of the pendency of this dispute, but it chose not to file a Submission with the Board.

This is a companion case to Second Division Award 13416. For the reasons set forth at length in that Award, the instant claim is sustained. Payment shall be for the time claimed at the pro rata rate, rather than at the overtime rate.

AWARD