Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36679
Docket No. SG-36303
03-3-00-3-533
The Third Division consisted of the regular members and in addition Referee
Dana Edward Eischen when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (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. (formerly
Louisville & Nashville Railroad):
Claim on behalf of
C. E.
Stewart, A. L. Brown, S. A. Cox, W.
E.
Gunter, L. P. Grace, C. C. Pierce, Jr., W.
E.
Hinton, Jr., R P.
Endfinger, R L. Stansberry, K. L. Brown, R F. Bullock, Sr.,
E.
J.
Ward, S. J. Hamrysak, R S. Hunter, D. L. Padgett, L. C. Satchfield,
M. J. Day, F. R. Rogers, J. L. Blackwood, T. B. Rogers, C. W.
Thompson,
C. E.
Wilson, J. W. Quinley, M. 0. Stanfill, and B. B.
Rogers, for payment of 1629 hours at the time and one-half rate, to
be divided equally among the Claimants, account Carrier violated
the current Signalmen's Agreement, particularly Rules 51, 31, and
32, when beginning on July 17, 1999 and continuing through August
13, 1999, it allowed employees assigned to System Signal Gang No.
7XD3 to perform work, not covered under Rule 51, on Seniority
District No. 6, and deprived the Claimants of the opportunity to
perform this work. Carrier's File No. 15 (99-188). General
Chairman's File No. 99-137-14. BRS File Case No. 11346-L&N."
Form 1 Award No. 36679
Page 2 Docket No. SG-36303
03-3-00-3-533
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.
The Claimants, operative facts, contract language and positions of the
Parties in this case are indistinguishable from those in the companion case,
Docket SG36297, which the Board denied in Third Division Award 36258.
For reasons set forth with particularity in Award 36258, this duplicate claim
likewise is denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Ciaimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 18th day of August 2003.