Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35040
Docket No. SG-35439
00-3-99-3-339
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 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 all Signal employees on the Prior Rights Seniority
Roster of the Cumberland Division for payment of eight hours each at the
straight time rate for highway grade crossing signal installation on their
respective territories, account Carrier violated the current Signalmen's
Agreement, particularly the Scope Rule, when it used outside forces to
install signs at the crossings, from January 15, to the end of February,
1998. Carrier's File No. 15(98-218). BRS File Case No. 10875-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.
Parties to said dispute were given due notice of hearing thereon.
Form I Award No. 35040
Page 2 Docket No. SG-35439
00-3-99-3-339
The claim in this case is similar to the claim in Third Division Award 35039.
The parties are the same and the arguments similar. For the reasons set forth therein
this claim is denied.
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.