Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35037
Docket No. SG-35369
00-3-99-3-264
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, 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 CSX Transportation Company (former
Louisville & Nashville Railroad):
Claim on behalf of G.E. Fluhr, D.B. Puckett, J.W. Lee, T.G. Mattingly,
T.M. Nalley, R.C. Meador, M.E. Bagwell, D.J. Witherspoon, R.D.
Lightfoot, W.T. Sorg, H.W. Martin, and RL. Englert for payment of
38.66 hours each at the time and one-half rate, account Carrier violated
the current Signalmen's Agreement, particularly Rules 1, 2, 3, 4, 7, 31
and 32, when it used outside forces to install poles for the signal pole line
from Mile Post 52 to Mile Post 162.1, from February 19 to March 6,1998,
and deprived the Claimants of the opportunity to perform this work.
Carrier's File No. 15(98-183). General Chairman's File No. 98-13-04.
BRS File Case No. 10771-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.
Form 1 Award No. 35037
Page 2 Docket No. SG-35369
00-3-99-3-264
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
The Organization filed a claim on April 6,1998 contending the Carrier violated
the Agreement when it used an outside contractor to install poles to support signal
wires from MP 52.0 to MP 162.1 between February 19 and March 6, 1998. The
Organization claims such action violates Rule 1, "The Scope Rule." The Rule covers
". . . installation . . . of all . . . power or other lines, with poles . . . pertaining to
interlocking and signaling systems . . . ." The Organization's position is upheld.
As a result of the Carrier's violation, the Claimants lost work opportunities and
shall be reimbursed a total of 360 hours at the straight time rate to be divided equally
among the Claimants.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) be made. The Carrier is ordered to make
the Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of October, 2000.