PARTIES TO DISPUTE:



          CSX Transportation, Inc. (Former Louisville and Nashville Railroad Company)


Claim of the System Committee of the Brotherhood that:

          1. The Agreement was violated when the

          Carrier assigned a welder and welder helper

          from the former B&O Railroad to perform

          welding duties on Henderson Division

          Seniority District, Welding District 2 on the

          former L&N Railroad on October 10, 11, 12,

          13, 14, 17, 18, 19, 20, 21, 24, 25, 26, 27

          and 28, 1994, instead of assigning furloughed

          Welding District 2 employes J. D. Wheeler and

          M. D. Johnson [System File 3(2)(94)/12(95

          0072) LNR].


          2. As a consequence of the violation

          referred to in Part (1) above, Welder J. D.

          Wheeler and Welder Helper M. D. Johnson shall

          now be allowed eight (8) hours' pay per day

          at their respective straight time rates for

          each of the claim dates listed in Part (1)

          above and any and all overtime worked by the

          former B&O employes.


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

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.

 That the Board has jurisdiction over this dispute.

 The present dispute involves the transfer of a Welder and a Welder's Helper from one railroad (B&O) to another railroad (L&N). The Agreement fails to authorize such action, which conflicts with the seniority structure set forth in the Agreement. In fact, the undisputed record indicates that the Carrier's representative immediately halted the arrangement after the Organization complained. The Carrier's action constitutes an acknowledgement that the transfers should not have occurred. As a result, the Carrier violated the Agreement by effectuating the transfers.

 With respect to the appropriate remedy, the extensive precedent cited in the record substantiates the propriety of the monetary claim sought by the Organization on behalf of the Claimants. The Carrier did not dispute the number of hours worked by the personnel from the foreign road. As a result, the requested remedy shall be granted.

 AWARD:

 The Claim is sustained in accordance with the Opinion of the Board. The Carrier shall make the Award effective an or before 30 days following the date of this Award.

Robert L. Douglas

Chairman and Neutral Member


D -naldl~artholam Employee mber

 Dated:

 Patricia A: Madden Carrier Member

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