"Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it assigned and/or allowed Norfolk Southern Railroad employes W. Haves and J. Houghe to perform Welding Subdepartment work of heating, welding and grinding at the Norfolk Southern/CSXT Interlocking near Mile Post ANJ910.8 at Talladega, Alabama on the Lineville Subdivision of the Atlanta Division on October 5 and 6. 1992 System File 92-262/12(93-170) SSV1.

(2) As a consequence of the violation referred to in Part (1) above. Atlanta-Waycross Group A Welding Subdepartment employes lI. B. Taunton and B. L. Dollar shall each be compensated for an equal proportionate share at the appropriate Group .\ Welding Subdepartment rate for thirty-two (32) hours' pay at their respective straight time rates and sixteen (16) hours' pay at their time and one-half rates."

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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 were given due notice of hearing thereon.

On October 2, 1992 a collision occurred between a Norfolk Southern train and a CSXT train at a crossing near Talladega, Alabama. There is no dispute that the tracks within this crossing are maintained by CSXT employees. Track repair work required as a result of the collision was performed by NS employees, and the Organization contends that such work should have been assigned to CSXT employees.

The Carrier argues to the contrary, stating that the repair work was performed on track under NS control and not on track within the crossing. (Travel by CSXT trains through the crossing was not interrupted.) The Organization contends that such information was not provided in the on-property handling. However, the Carrier's Submission includes a letter dated November 15, 1993 with attachment to the General Chairman containing this information. Obviously, this document pre-dated the Organization's .Notice of Intent to the Board. which was filed on December 29, 1993.

The Board has no basis to question the authenticity of this correspondence, nor to find that it was untimely. Given this circumstance, there was no invasion of rights of CSXT employees to maintain the crossing, in contrast to tracks of each Carrier leading to the crossing.

WARD