Form 1 THIRD DIVISION Award No. 30173



      The Third Division consisted of the regular members and in addition Referee Thomas J. DiIauro when award was rendered.


                  (CSX Transportation, Inc. (former

                  (Seaboard Coast Line Railroad Company)

PARTIES TO DISPUTE:
                  (Brotherhood of Maintenance of Way Employes


STATEMENT OF CLAIM:

              "1. The union alleges that Cooks 0. C. Hodges, ID# 175030, Nathaniel Solomon, ID# 174187 and M. A. Lang, ID# 165954 and E. S. Johnson, ID# 171022 performed overtime service for which they were not paid. [Carrier's file 12 (90-392), organization's file COOKS-90-23].


              2. As a consequence the Union demands that the Carrier submit to their unsupported demand to compensate claimants Hodges, Solomon and Johnson 19 hours pay each at time and one-half rate for dates of February 7, 8, 9, 10, 11, 12 and 13, 1990 and 17 hours pay at time and one-half rate in behalf of Claimant Lang."


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.
Form 1 Award No. 30173
Page 2 Docket No. MW-29677
                                            94-3-91-3-20


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 o! Third Division


Attest: whz

      Linda Woods - Arbitration Assistant


Dated at Chicago, Illinois, this 26th day o! April 1994.