Award No. 6
Case No. 6
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
and
CSX Transportation, Inc. (Former Louisville and
Nashville Railroad Company)
OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
1. The Agreement was violated when the
Carrier assigned Foreman D. S. Devault to
perform track inspection duties at Mile Post
111.5 on the Memphis Subdivision on March 1,
1994, instead of calling and assigning Mr. D.
W. England who regularly performs such work
during his assigned work week [System File
14(25)(94)/12(94-0717) LNR].
2. As a consequence of the violation referred
to in Part (1) above, Claimant D. W. England
shall be allowed three (3) hours' pay at his
respective time and one-half rate."
FINDINGS:
This Board, upon the whole record and all of the evidence,
finds and holds as follows:
1. That the Carrier and the Employees involved in this
dispute are, respectively, Carrier and Employees within the meaning
of the Railway Labor Act, as amended,; and
2. That the Board has jurisdiction over this dispute.
OPINION OF THE BOARD:
The submission in the present dispute includes a document that the
Claimant executed on November 4, 1997. The document, titled
1
"Settlement and F
present matter.
Release cad All Claims," applies to the
As a result of the release, the Board lacks
jurisdiction to consider the merits of the present claim.
The Claim is dismissed in accordance with the opinion of the Board.
Robert L. Douglas
Chairman and Neutral Member
Donald D=Bartholomay $Employee`J~ember
Bated:
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2
Patricia A: Madden
Carrier Member