Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43500 Docket No. MW-43437 19-3-NRAB-00003-160075

The Third Division consisted of the regular members and in addition Referee Gerald E. Wallin 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 on January 7 and 8, 2014, the Carrier assigned outside forces to perform Maintenance of Way work (removing snow) from tracks and around the Walbridge Yard Mechanical Shop (System File H45400914/2014-163259 CSX).

(2)The claim* referenced in Part (1) above, as conferenced with the

Carrier's designated representative, shall be allowed as presented because said claim was not disallowed by the Carrier's highest designated Labor Relations Officer in accordance with Rule 24(b).

(3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Claimants T. Bentley, T. Pasch, S. Vielmaa, B. Seibert, B. Hensley, S. Miller, M. McClain, D. Roach, C. Kull, M. Lane and T. Carpenter shall now each '... be compensated for sixteen (16) hours straight time and sixteen (16) hours at their respective rates of pay.***'

*The initial letter of claim will be reproduced within our initial submission."

claim* as presented by General Chairman D. Albers on July 23, 2014 to Division Engineer M. Ramsey shall be allowed presented because said claim was not disallowed by Director Labor Relations R. Miller in accordance with Rule 24(b) (System File G37708414/2014-173702 CSX).

*The initial letter of claim will be reproduced within our initial submission."

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.

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

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

After review of the submissions, the Board finds no issues remain in this dispute that require resolution by the Board.

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 1st day of March 2019.