Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33606
Docket No. SG-34640
99-3-98-3-301
The Third Division consisted of the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Louisville & Nashville
( Railroad Company)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Louisville & Nashville:
Claim on behalf of R. L. Collins for payment of one hour per day at
the time and one-half rate, beginning March 5, 1997, and continuing for
the term of the violation, account Carrier violated the current Signalmen's
Agreement, particularly Appendix U, when it did not provide the Claimant
with proper headquarters facilities at Etowah, Tennessee. Carrier's File
No. 15(97-99). General Chairman's File No. 97-158-O1. BRS File Case No.
10441-L&N."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1
Page 2
Award No. 33606
.o
Docket No. SG-34640
99-3-98-3-301
The claim, is bottomed on an alleged violation of Appendix U of the low
Agreement.
Item 13 of Appendix U reads, in pertinent part, as follows:
".
. . Point headquartered gangs . . . ."
The claim concerns neither a "Point headquartered" gang, nor a gang member
for the simple reason that the Claimant is an independent Signalman. Because the
Agreement relied upon does not encompass the Claimant, the claim is denied.
AWARD
Claim denied.
r
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an Award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 16th day of November 1999.
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