Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35045
Docket No. SG-35450
00-3-99-3-350
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 W.L. Duncan for 31 hours, D.E. Clinebell for 30
hours, J.L. Harvey for 31 hours, J.A. Willey for 19 hours, W.R. Meadows
for 17 hours, T.M O'Farrell for six hours, G.C. Neely for one hour, and
R.W. Pritt for nine hours at their respective straight time rates or the rate
paid the contractor, whichever is greater, 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, from February 9 through February 27, 1998.
Carrier's File No. 15(98-248, 223, 224, 249, 264). General Chairman's
File No.98-60-CD. BRS File Case No. 11007-C&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.
Form 1 Award No. 35045
Page 2 Docket No. SG-35450
00-3-99-3-350
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 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.