Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35012
Docket No. SG-34207
00-3-97-3-768

The Third Division consisted of the regular members and in addition Referee Edwin H. Benn when award was rendered.


(Brotherhood or Railroad Signalmen PARTIES TO DISPUTE:



STATEMENT OF CLAIM:























Form 1 Award No. 35012
Page 2 Docket No. SG-34207
00-3-97-3-768
Carrier's File No. 15(96-322). General Chairman's File No.
96-215-05. BRS File Case No. 10291-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.




CSXT Labor Agreement 15-60-95 effective July 25,1995 allowed L&N System Signal Construction Gangs to work on specific projects on the former C&EI portion of the Carrier's system running between Evansville, Indiana, and Chicago, Illinois,

Form 1 Award No. 35012
Page 3 Docket No. SG-34207
00-3-97-3-768

without a reduction in L&N Signal Construction Gangs. Two L&N System Signal Construction Gangs were established to perform this function.






On July 25, 1996, the Carrier abolished District Signal Gang 7C17 headquartered at Rivana, Kentucky. The gang members then exercised their seniority to other positions. These claims followed after the parties met and were unable to resolve the matter.


District Signal Gang 7C17 was abolished one year after the parties agreed that the Carrier could establish the two System Signal Constructions Gangs under CSXT Labor Agreement 15-60-95. The record establishes that Signal Gang 7C17 was abolished because of budgetary constraints. Given the passage of time after establishment of the two gangs on the former C&EI and the abolishment of District Signal Gang 7C17 and the reasons articulated by the Carrier for its actions, there is insufficient evidence to find that the Carrier "eliminate[d] the present L&N forces to establish the two new L&N Gangs established to perform work on the former C&EL" The Carrier met its burden of proof under the side letter. See Third Division Award 33849 ("There is no indication that anyone affected by the force reduction was forced to either of the two L&N gangs established to work on the former C&EI.")



Form 1 Award No. 35012
Page 4 Docket No. SG-34207
00-3-97-3-768



      Claim denied.


                        ORDER


This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.

                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


Dated at Chicago, Illinois, this 25th day of October, 2000.