Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award 36340
Docket No. SG-36006
02-3-00-3-103
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 Company (former Louisville and
( Nashville Railroad)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Co. (former Louisville &
Nashville Railroad):
Continuous time claim on behalf of M. D. Grubbs, R. D. Haynes, R. M.
Shocklee, J. V. Higgins, J. C. Groves, B. K. Watson, L. R. Boren, D. R.
Clary, J. W. Craft, J. E. Wade, W. A. Hodge, K. A. Messick, for payment
of 1088 hours at the time and one-half rate to be divided equally among
the Claimants, account Carrier violated the current Signalmen's
Agreement, particularly the Scope Rule (Rule 1) and Rules 2, 3, 4, 7, 31,
and 32, when it used outside forces to install poles for the signal pole line
and perform other signal pole line work, at various locations on the
Claimants' assigned seniority district, from January 11,1999 to February
24, 1999, and continuing for the term of the violation, depriving the
Claimants of the opportunity to perform this work. Carrier's File No.
15(99-59). General Chairman's File No. 99-71-03. BRS File Case No.
11068-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. 36340
Page 2 Docket No. SG-36006
02-3-00-3-103
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
There exists in this case a serious unresolved evidentiary conflict relative to what
was done and who did it. The Organization advanced several allegations and
assertions, but offered nothing in the way of probative evidence to support its
contentions. The Board is left with no recourse but to dismiss the claim as presented
for lack of proof by the originating party.
AWARD
Claim dismissed.
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 26th day of December 2002.