Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28223
THIRD DIVISION Docket No. SG-28370
89-3-88-3-134
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former GA/AWP and WRA)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Seaboard
System Railroad Company (AWP-GA-WofA)
Claim on behalf of Signalman J. F. Williams, assigned to the GeorgiaA&WP-WR of A roads for t
(a) Carrier violated the Signalmen's Agreement, particularly Rule 34,
when it allowed Mr. Bray, a junior employee, to work a Signalman's position
that was not offered to Mr. Williams, a senior employee.
(b) Carrier now be required to compensate Signalman J. F. Williams
for 56 hours and 30 minutes at his overtime rate of pay for his loss of work
opportunity. GC file FL-82, Carrier file 15-34-(86-17)."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes 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 waived right of appearance at hearing thereon.
A review of the record established on the property reveals that the
Carrier did not adequately refute the Organization's position. However, the
Claim is excessive. The Board will award Claimant the difference in pay
between what he actually earned as a Signalman and what he would have earned
had he worked as a Signal Maintainer during the involved period.
A W A R D
Claim sustained in accordance with the Findings.
Form I Award No. 28223
Page 2 Docket No. SG-28370
89-3-88-3-134
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. ar -Executive Secretary
Dated at Chicago, Illinois, this 4th day of December 1989.