Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 42936 Docket No. SG-43464 18-3-NRAB-00003-160127

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, Chesapeake District):

Claim on behalf of R. S. Hall, M. D. Kimbler and C. A. Kordenbrock; for Claimant Hall, payment of 13.5 hours at his overtime rate of pay; for Claimant Kimbler, payment of 10 hours at his overtime rate of pay; for Claimant Kordenbrock, payment of 17 hours at his overtime rate of pay, account Carrier violated the current Signalmen's Agreement, particularly CSXT Labor Agreement No. 15-063-10, when on August 11-13, 2014, it permitted Signal PTC Gang 7XC4 to assist Cincinnati Seniority District Signal maintenance employees with the installation of switch panels at Milepost CA 531.5 near Riverton, Kentucky. The employees on Signal PTC Gang 7XC4 are contractually restricted to performing PTC associated work, and Carrier's decision use of this gang to perform maintenance work, instead of assigning the work to the Claimants, caused the Claimants a loss of work opportunity. Carrier's File No. 2014-177347. General Chairman's File No. 14-36CD. BRS File Case No. 15363-C&O (CD).

FINDINGS:

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that: Form 1 Page 2

Award No. 42936 Docket No. SG-43464 18-3-NRAB-00003-160127 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.

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.