Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29240
THIRD DIVISION Docket No. SG-28892
92-3-89-3-294
The Third Division consisted of the regular members and in addition
Referee William E. Fredenberger, Jr. when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(former Louisville 6 Nashville Railroad)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
(formerly the Louisville and Nashville Railroad);
On behalf of Brother D. L. Cassidy, for 24 hours pay at his pro-rata
rate of pay, account of Carrier violated the current Signalmen's Agreement, as
amended, particularly, APPENDIX 'R', when it failed to fill lst trick position, at Boyles Yards on M
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.
The Claimant held a first shift Signal Maintainer position Monday
through Friday at the Carrier's Boyles Yard in Alabama. On March 7, 8 and 9,
1988 (Monday, Tuesday and Wednesday, respectively) another first shift Signal
Maintainer laid off. The Carrier did not fill the vacancy but utilized other
first shift Signal Maintainers working at the time to perform the work of the
position. The claim in this case followed.
As a defense to the claim the Carrier raises the objection that Claimant cannot recover the mone
therefor. The Carrier argues that Claimant would be entitled to no additional
compensation if he had been used to fill the first trick position vacant as a
result of the incumbent's layoff. Thus, urges the Carrier, Claimant is not a
proper Claimant.
Form 1 Award No. 29240
Page 2 Docket No. SG-28892
92-3-89-3-294
We believe the Carrier's point is well taken. Without regard to the
question of whether the record in this case substantiates the claim, it is
clear that Claimant cannot recover under any theory. Claimant worked the same
shift on which the vacancy occurred on March 7, 8, and 9, 1988, and Claimant
received straight time compensation for such work. To award Claimant an
additional twenty-four hours would be to award Claimant double time.
This case is distinguishable from the Awards relied upon by the
Organization to support its claim for damages. In each of those Awards the
Claimant was found to be entitled to compensation in the amount he would have
received had the Carrier followed the Agreement. Assuming, arguendo, that the
Carrier was required to fill the vacancy and further that Claimant would have
been entitled to fill the vacancy, the Agreement would not have entitled
Claimant to any more compensation than he actually received. Accordingly,
the Board is without authority to order additional compensation for Claimant.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 18th day of May 1992.