NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30178
Docket No. MW-29706
94-3-91-3-50
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 Cooks
o.
C. Hodges, Nathaniel
Solomon and E. S. Johnson for overtime
service they performed on February 7, 8,
9, 10, 11, 12 and 13, 1990 [System File
COOKS-90-23/12(90-392) SSY].
2. The Agreement was further violated when
the carrier failed and refused to
properly compensate Cook Marvin A. Lang
for overtime service he performed on
February 7, 8, 9, 10, 11, 12 and 13,
1990.
3. As a consequence of the violations in
Parts (1) and (2) above:
(a) Claimants O. C. Hodges,
Nathaniel Solomon and E. S.
Johnson shall each be allowed
nineteen (19) hours pay at
their time and one-half
overtime rates.
(b) Claimant Marvin A. Lang shall
be allowed seventeen (17) 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:
Form 1 Award No. 30178
Page 2 Docket No. MW-29706
94-3-91-3-50
The carrier or carriers and the employs 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:
Linda Woods - Arbitration Assistant
Dated at Chicago, Illinois, this 26th day of April 1994.