Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 42934 Docket No. SG-43461 18-3-NRAB-00003-160122

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 Seaboard Coast Line):

Claim on behalf of A. W. Darr., Jr., for payment of 6 hours and 59 minutes at the A&WP/Georgia Road Signal Maintainer's overtime rate of pay and one hour at that position's straight-time rate of pay, account Carrier violated the current Signalmen's Agreement, particularly Rules 17 and 19, when, on the night of August 21-22, 2014, it permitted another employee to respond to a trouble call on the Claimant's adjoining territory, and thereby denied the Claimant the opportunity to perform the work and earn the wages that he is contractually entitled to with the performance thereof. Carrier's File No. 2014-177439. General Chairman's File No. SCL-01-14-15A. BRS File Case No. 15379-SCL."

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. 42934 Docket No. SG-43461 18-3-NRAB-00003-160122 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.