Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32599
Docket No. SG-33298
98-3-96-3-790
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and
( Ohio Railroad Company)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (B&O):
Claim on behalf of R.D. Elstun, T.L. Fessel, D.L. Martin, M.B.
Reed, L.A. Yeager, and R.E. Prevo for payment of an amount equal to the
hours worked by maintenance forces in the construction of a defect
detector at Mile Post 86.3 on the Indianapolis Subdivision on April 19,
1995, account Carrier violated the current Signalmen's Agreement.
particularly kgreement 15-18-94, when it used maintenance forces to
perform construction work. Carrier's File No. 15(95-2-15). BRS File Case
No. 10021-B&O."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
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.
Form I Award No. 32599
Page 2 Docket No. SG-33298
98-3-96-3-790
Parties to said dispute were given due notice of hearing thereon.
The instant claim was filed on behalf of members of the System Signal
Construction Gang, alleging that Carrier violated the Agreement when it used Signal
Maintainers, instead of the Claimants, to install a defect detector. The Agreement,
however, does not restrict Signal Maintainers from performing the work, nor does it
otherwise reserve the work exclusively for members of the construction gang.
Accordingly, the claim must be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above. hereby orders that
an award favorable to the Claimantls) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois. this 22nd day of May 1998.