Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36078
Docket No. SG-36118
02-3-00-3-289
The Third Division consisted of the regular members and in addition Referee
James E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake & 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 T. B. Rollison for payment of two hours and forty
minutes at the time and one-half rate, account Carrier violated the
current Signalmen's Agreement, particularly Rule 25, when on February
20, 1999, it failed to call the Claimant to bond a rail at Mile Post 296.8 on
the Clifton Forge District after the M of W forces had changed out a
sperry rail creating an open circuit. General Chairman's File No. 99-23CD. BRS File Case No. 11181-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.
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. 36078
Page 2 Docket No. SG-36118
02-3-00-3-289
The Claimant in this case was regularly assigned to a position of Signal
Maintainer on the Clifton Forge District. The claim as presented alleges that on
". . . February 20, 1999 Carrier failed to call the Claimant to bond a rail at Mile Post
296.8 on the Clifton Forge District . . . ."
A review of the case record reveals that no signal work was performed on the
date in question and no other employee was used to perform any work which accrued
to Signalmen.
This dispute is asking for compensation for work that was not done and the
remedy sought is for compensation for some work that could or should have been done.
Rule 25 of the negotiated Agreement contains no such provision or requirement. There
is no basis on which to support the claim. Therefore, it 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 18th day of June, 2002.