Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION


Award No. 44817 Docket No. SG-46313

23-3-NRAB-00003-200558


The Third Division consisted of the regular members and in addition Referee Michael D. Phillips 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 the CSX Transportation (formerly Louisville & Nashville):


Claim on behalf of A.W. George, T.D. Pate, P.N. Sanford, and M.R. Witherspoon, for 80 hours at their respective time and one-half rates of pay; account Carrier violated CSXT Agreement No. 15-018-16 particularly Section 5-Special Maintenance Teams/Gangs from December 12, 2018, to December 19, 2018, when it allowed System Construction Team 7KA6 to support Maintenance of Way Tie Team T1 on a tie replacement project on the S&NA North Subdivision near Lewisburg, Tennessee. Carrier’s File No. 19-25908. General Chairman’s File No. 19-SYS-01. BRS File Case No. 16159-L&N. NMB Code No. 117.”


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.

Form 1 Award No. 44817

Page 2 Docket No. SG-46313

23-3-NRAB-00003-200558


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


Subsequent to the briefing of this case, the parties advised the Board that they had reached an agreement to settle the instant dispute. Therefore, we dismiss the claim without addressing the merits.


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 21st day of December 2022.