Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 42932 Docket No. SG-43352 18-3-NRAB-00003-150531

The Third Division consisted of the regular members and in addition Referee Peter R. Meyers 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 CSX Transportation (formerly C&O Pere Marquette):

Claim on behalf of B. W. Kimmel, for the difference between the Lead Signalman's rate of pay and that of Signal Foreman, for 10 hours that he worked on April 1 and 3, 2014, account Carrier violated the current Signalmen's Agreement, particularly Rules 101, 103, 213, and 221, when it refused to compensate the Claimant as the Signal Foreman's rate of pay on said dates even though he had assumed the duties of the higher rated position during this time period. Carrier's File No. 2014

37582. General Chairman's File No. 14-07-PM. BRS File Case No. 15276-C&O (PM)."

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 Page 2

Award No. 42932 Docket No. SG-43352 18-3-NRAB-00003-150531 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

At the November 7, 2017, hearing of the Board in this case, the parties advised the Board that they have decided to settle this matter and dismiss this case. Therefore, the Board finds that the claim must be 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 14th day of February 2018.