NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30177
Docket No. MW-29705
94-3-91-3-49
The Third Division consisted of the regular members and in
addition Referee Thomas J. DiLauro when award was rendered.
(Brotherhood of Maintenance of Way Employes
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 Marvin A. Lang for
overtime service he performed on March
21, 22, 23, 24, 25, 26 and 27, 1990
[System File COOKS-90-27/12(90-571) SSY].
2. As a consequence of the violation in Part
(1) above, Claimant Marvin A. Lang shall
be allowed twenty-four (24) hours pay 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 employee 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.
Form 1 Award No. 30177
Page 2 Docket No. MW-29705
94-3-91-3-49
NATIONAL RAILROAD AD6TUSTHENT BOARD
By Order of Third Division
Attest:
Linda Woods - Arbitration Assistant
Dated at Chicago, Illinois, this 26th day of April 1994.