For 1 TI L T
T





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 .