Form 1 THIRD DIVISION Award No. 29914
Docket No. MW-29655
93-3-90-3-657


(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Louisville
(and Nashville Railroad Company)

STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:



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 employe 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 Organization raised a timely objection to evidence offered by Carrier de novo in its Submission. None of that evidence will be considered by this Board. The Board's findings are based solely upon the record established on the property.

Form 1 Award No. 29914
Page 2 Docket No. MW-29655
93-3-90-3-657

At the time this claim arose, Claimants were Track Subdepartment employees assigned on Carrier's District. On September 26, 1989, Carrier assigned a Welder and Welder Helper to make field welds at Mile Post 110.5 on the Memphis Line, Nashville Seniority District. In the course of their work, the Welders removed and replaced anchors, spaced ties, pulled and drove spikes and tamped ties. The Welders worked a total of two hours straight time.


By letter of October 3, 1989, the Organization submitted a claim alleging that the Welders had performed Track Sub-department work, and requesting Claimants each be paid two hours pay at their straight time rate.


The facts of this case and the Parties involved are identical to those in Third Division Award 29913. For the reasons set forth in that Award, the present claim is sustained in its entirety.







Attest:
      Catherine Loughrin - terim Secretary to the Board


Dated at Chicago, Illinois, this 9th day of November 1993.