For 1 TI L T
T
r . 7 1
Docket . 7977
0 - -- 0
The Third Division consisted of the regular members and in addition Referee
obert Richter when award was reere.
(Brotherhood od of Railroad Signalmen
TIE T ICI
(CSX Transportation, Inc. (former Baltimore a
Ohio Railroad Company)
T,STATEMENT CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation, Inc. (CSXT):
Claim
on behalf . . 'rin, for furs n mutes
overtime t the time an one-half rate, account of Carrier violate
the current Signal en's Agreement, particularly
R
Rule 47, sectio
(), and C T Labor Agreement -,hen the Claimant
was
awarded i nlen's position and Carrier held him 20 working
s
o his former position after the assignment date t his new
position. Carrier's File N. 15(02-016 ). General Chairman's File
. I- -~ . BRS File C.12 3- ."
I
r~w
1Third Division
~ d'8_ _ ® d4
ust'
d ~ the
whole record and
~ba
I
t---entB Board, pon u
th v
a1i iue
evidence, tl s tat:
The carrier r carriers and the employee r employees involve in this dispute
are respectively y carrier and employee within.the meaning of the Railway Labor Act,
as approved June 21, 1934.
is Division f just s jurisdiction vet it
involved.
Form 1
e
r
Docket . -37977
0--0-
o
,Parties to siisutre given due notice oerin there.
This dispute developed s result of the Claimant bein awarded sitin
of Signalman in Maintenance of Force 7 S on May 17, 0 2. The Claimant
was
held his of job until July 19, 00 .
The Organization file this claim asserting tat t Carrier violated Rule ,
s well s CST Labor Agreement o. 1 -1 -9, which rea , i relevant art,
follows:
"RULE 47
ASSIGNMENTS - HOW MADE
;
) If te successful alicant is not transferre to t
assignment within (5) days after the ate of the assignment
bulleti through no fault of is own his compensation ill
equal to hat a would ve earnn the new assign ,
but not less than what a receives the old assignment; if not
transferred it in (20) days after the to of te ssi gnment
ulleti through fault t of his own, he will thereafter be paid
one dollar ($1.00) additional for each day worked until
tsfr.
T are abor Agreement No. 15-18-94 - Article 11-C. Bulletins
the successful applicant root release within 2 calendar
days f the assignment ate as listed i the award bulletin
through n fault of is n, hill thereafter be paid $1 5.00
f r until transferred."
Rule 47 is clear and unambiguous. If the Claimant was not transferred to the
new job within flve days he was to be allowed the wages of the new job or the old
job, whichever is greater. The. Claimant is not entitled to any
iv
Form I Award No. 37612
e Docket . 7
0_®
travel , rivin the truck per them of tne job.
b
When the Claimant s
held on ioljore than 20 calendar days was to a all-owed $15.00
for
c
workday held.
The record before the oar is unclear to just hat the Claimant s paid.
Therefore the claim is remanded to the parties to determine he amount t the
Claimant is entitled tin accordance it Rule 7. Again Claimant is not
entitled
to
any the ritrries which are attache to the job.
AWARD
Claim sustaine in accordance with the Findings.
ORDER
This Board, after consideration the dispute identified above, hereby orders
that a favorable tthli ants) ) be made. The Carrier is ordered to make
the e Award effective on or before 30 days following the postmark date the Award is
transmitted t parties.
'IT
BOARD
T
By Order of Third Division.
to Chicago, Illi, this y f to 0 .