NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30169
Docket No. MW-29673
94-3-91-3-16
The Third Division consisted of the regular members and in
addition Referee Thomas J. DiLauro when award was rendered.
(CSX Transportation, Inc. (former
(Seaboard Coast Line Railroad Company)
PARTIES TO DISPUTE:
(Brotherhood of Maintenance of Way Employees
STATEMENT OF CLAIM:
"1. The Union alleges that Cooks
o.
C.
Hodges, ID# 175030, Nathaniel Solomon,
ID# 174187 and J. L. Carter, ID# 171671
performed overtime service for which they
were not paid. [Carrier's file 12 (90117), Organization's file COOKS-90-6].
2. As a consequence the Union demands that
the Carrier submit to their unsupported
demand to compensate Claimant Hodges 35
hours and 15 minutes pay at time and one
half rate for dates of November 1, 2, 3,
4, 5, 6, 7, 15, 16, 17, 18 and 19, 1989;
plus 21 hours pay at time and one-half
rate in behalf of Claimant Solomon for
November 1, 2, 3, 4, 5, 6 and 7 1989:
plus 36 hours pay at time and one-half
rate for Claimant J.L. Carter for dates
of November 1, 2, 3, 4, 5, 6, 7, 15, 16,
17, 18 and 19, 1989."
FINDINGS:
The Third 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 waived right of appearance at hearing
thereon.
Form 1 Award No. 30169
Page 2 Docket No. MW-29673
94-3-91-3-16
Except as to dates, this Claim is identical to that reviewed
in Third Division Award 30009, and the Board reaches the same
conclusion.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Z~"~
W~'~
Linda Woods - Arbitration Assistant
Dated at Chicago, Illinois, this 26th day of April 1994.