Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35014
Docket No. SG-34389
00-3-98-3-21
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSXTransportation,Inc. (former Louisville and Nashville
( Railroad Company)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Louisville & Nashville Railroad:
Claim on behalf of L. E. Davis for payment of 9.5 hours at the straight
time rate and $235.60 in travel expenses, and for re-establishment of
District Signal Gang 7C17, account Carrier violated the current
Signalmen's Agreement, particularly Agreement No. 15-60-95, when it
abolished Signal Gang 7C17 on July 25,1996. Carrier also violated Rule
54 when it failed to provide notice of the disallowance of the
Organization's appeal within the time limits. General Chairman's File
No. 96-215-09. BRS File Case No. 10440-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 Award No. 35014
Page 2 Docket No. SG-34389
00-3-98-3-21
In Third Division Award 35012 the Board denied a series of claims protesting
the abolishment of District Signal Gang 7C17 on July 25,1996 as being in violation of
CSXT Labor Agreement 15-60-95. This is the same dispute and will be governed by
that Award.
In addition, the Organization's procedural argument is rejected for the reasons
set forth in Second Division Award 12938 which, for the sake of brevity, are
incorporated herein by reference.
AWARD
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.