Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36634
Docket No. SG-36107
03-3-00-3-288
The Third Division consisted of the regular members and in addition Referee
Margo R. Newman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
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 F. J. Biedrzycki, D. Jefferson, and D. S. Anania, for
payment of 650 hours at the straight time rate and 26 hours at the time
and one-half rate for each of the following Claimants, account Carrier
violated the current Signalmen's Agreement, particularly the Scope
Rule, CSXT Labor Agreement No. 15-18-94, and Side Letter No. 2 of
the November 17, 1994 Agreement, when in January of 1999, it
permitted System Signal Construction Gangs, who are not covered by
the B&O Agreement to perform pole line maintenance on the
Philadelphia Subdivision between Mile Post 17.5 and Mile Post 48.0,
and deprived the Claimants of the opportunity to perform this work.
Carrier File No. 15 (99-92). BRS File Case No. 11378-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.
Form 1 Award No. 36634
Page 2 Docket No. SG-36107
03-3-00-3-288
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
Other than the identity of the Claimants, this is a duplicate claim to the one
processed by t he O rganization i n c ompanion D ocket S 636106, w hich t he B oard
denied in Third Division Award 36633. It seeks similar compensation for the exact
same work, on the same dates, at the same location, based upon the identical protest
to the Carrier
a .,,
of
a System Signal Construction Gang rather than District
maintenance forces. Because the Organization is precluded from advancing
duplicative claims, the instant claim is dismissed.
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 29th day of July 2003.