Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35041
Docket No. SG-35443
00-3-99-3-346
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 Chesapeake and Ohio
( Railway Company)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (C&O):
Claim on behalf of J.G. Coates, assigned to the position of Independent
Maintainer, for 35 hours at his straight time rate, R.M. Smith, Jr. and
C.A. Simpson, Jr., signal employees assigned to the maintenance force,
for payment of 37 hours each at their respective straight time rates, and
T.L. Crisp, assigned to the position of Independent Maintainer, for 15
hours at his straight time rate, account Carrier violated the current
Signalmen's Agreement, particularly the Scope Rule, when it used
outside forces to install warning signs with phone numbers and DOT
crossing numbers at highway crossing locations on their respective
maintenance territories, starting in December, 1997 and continuing
through January 1998. Carrier's File No.15(98-248, 223, 224, 249, 264).
General Chairman's File No.98-59-CD. BRS File Case No. 11003-C&O."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, rinds 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 I Award No. 35041
Page 2 Docket No. SG-35443
00-3-99-3-346
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 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.