NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30174
Docket No. NW-29702
94-3-91-3-46
The Third Division consisted of the regular members and in
addition Referee Thomas J. DiLauro when award was rendered.
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former
(Seaboard Coast Line Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Brotherhood that:
1. The Carrier violated the Agreement when
it failed and refused to properly
compensate Cook O.C. Hodges for overtime
service he performed on November 1, 2, 3,
4, 5, 6, 7, 15, 16, 17, 18 and 19, 1989
[System File COOKS-90-6/12(90-117) SSY).
2. The Agreement was further violated when
the Carrier failed and refused to
properly compensate Cook Nathaniel
Solomon for overtime service he performed
. on November 1, 2, 3, 4, 5, 6 and 7, 1989.
3. The Agreement was further violated when
the Carrier failed and refused to
properly compensate Cook J.L. Carter for
overtime service he performed on November
1, 2, 3, 4, 5; 6, 7, 15, 16, 17, 18 and
19, 1989.
4. As a consequence of the violations in
Parts (1), (2) and (3) above:
(a) Claimant O. C. Hodges shall be
allowed pay for thirty-five
(35) hours and fifteen (15)
minutes at his time and onehalf overtime rate.
(b) Claimant Nathaniel Solomon
shall be allowed pay for
twenty-one (21) hours at his
time and one-half overtime
rate.
Form 1 Award No. 30174
Page 2 Docket No. MW-29702
94-3-91-3-46
(c) Claimant J. L. Carter shall be
allowed pay for thirty-six (36)
hours at his time and one-half
overtime rate."
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.
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:
X,4
Linda Woods - Arbitration Assistant
Dated at Chicago, Illinois, this 26th day of April 1994.