PARTIES TO DISPUTE:

          Brotherhood of Maintenance of Way Employees


                          and


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


STATEMENT OF CLAIM:

 Claim of the System Committee of the Brotherhood that:

          1. The Agreement was violated when the

          Carrier assigned Foreman J. M. Clark to

          perform flagging duties in Nashville,

          Tennessee on April 20, 1998 instead of senior

          cut back employe M. D. Worrell [System File

          4(4)(98)/12(98-1421) LNRJ.


          2. As a consequence of the violation

          referred to in Part (1) above, Claimant M. D.

          Worrell shall now "... be paid 8 hours

          overtime at the Fence Gang Foreman's rate and

          the difference in Truck Driver and Fence Gang

          Foreman's rates for 8 hours straight time for

          April 20, 1998 ...."


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 present dispute involves an assignment to provide flagging

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protection. A careful review of the record indicates that
 neither party identified who had track authority on the relevant
 date, April 20, 1998. The record also fails to clarify who was
 in charge of the flagging function at the time. In the absence
 of any concrete evidence in this regard, a presumption exists
 that the Foreman performed such a role. Insofar as the flagging
 assignment occurred as a continuation of the regular assignment
 performed by the Foreman, the record fails to prove that the
 Claimant had a superior right to perform the disputed work under
 these particular circumstances.

 AWARD:

 The Claim is denied in accordance with the opinion of the Board.

                          Gi

R bert L. D glas

Chairman and Neutral Member


D6nald D Bartholom Mark D. Selbert
 Employe ember Carrier Member

 Dated: ~'~a-~\
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