Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43137 Docket No. MW-43322 18-3-NRAB-00003-150538

The Third Division consisted of the regular members and in addition Referee Amedeo Greco when award was rendered.

(Brotherhood of Maintenance of Way Employes Division (IBT Rail Conference

PARTIES TO DISPUTE: (

(CSX Transportation, Inc.

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

(1) The Agreement was violated when beginning on March 13, 2014 to and including April 17, 2014 and continuing, the Carrier assigned outside forces to drill and install H-piling at Mile Post CMG 106.5 on the Appalachian Division (System File G29704314/2014-165813 CSX).

(2) As a consequence of the violation referred to in Part (1) above, Claimants A. Bowling, S. Neace, J. Holbrook, H. Lowe, C. Williams,

J. Samons, L. Cyrus and R. Thompson '… shall now be paid an equal share of all the man hours made by the contractor (including overtime), beginning on March 13, 2014, and continuing until the violation stops, at their respective straight and overtime rates of pay.'"

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 Award No. 43137

Page 2 Docket No. MW-43322

18-3-NRAB-00003-150538

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

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

The parties have settled the case on property.

There no longer is a matter in dispute and the Claim is 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 30th day of May 2018.