NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30176



      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 Cooks O. C. Hodges, Nathaniel

              Solomon and Narvin A. Lang for overtime

              service they performed on November 29,

              30, December 1, 2, 3, 4, 5, 6, 13, 14,

              15, 16 and 17, 1989 [System File COORS

              90-8/12(90-322) SSYJ.


          2. As a consequence of the violations in

              Part (1) above, Claimants 0. C. Hodges,

              Nathaniel Solomon and Xarvin A. Lang

              shall each be allowed thirty-eight (38)

              hours and fifty (50) minutes pay at their

              time and one-half overtime rates."


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.
Form 1 Award No. 30176
Page 2 Docket No. MW-29704
94-3-91-3-48

                        A W A R D


      Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


Attest:
      Linda Woods - Arbitration Assistant


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