(b). Third Division, National Railroad Adjustment Board, is without jurisdiction to tae cognizance of or to adjudicate the claim asserted in notice of President of American Train Dispatchers Association of July 3, 1345, without authorization, in legally sufficient form, by the purported claimant, as set forth in (a) next above.

For all or any of the reasons above recited, respondent carrier contends the Third Division, National Railroad Adjusment Board, must reject the submission proposed to be filed by the President of the American Train Dispatchers Association, or if such submission is not rejected, the case must be dismissed.

If the carrier is wrong with respect to the above reasons why this submission should be rejected or the case dismissed, which is not admitted, then, for yet another reason, the case must be dismissed, namely, that the petitioner, American Train Dispatchers Association, is attempting to split the cause of action. That this is true is plainly evidenced by the case covered by this Board's Award No. 2622, Docket TD-2567. The oil cmustances in that case were identical in every particular with the instant case. The natue of claimant, place of employment and date were different. The petitioner was the same, American Train Dispatchers A:.sociation. The respondent in that case, as in the instant·ca.se, was one of the lines of iailroads associated together, and, for convenience of reference, identified as "Southern Railway System."

The claim as handled with the earner in the case covered by- Award 2622 covered not only the claim submitted to the Board and disposed of by Award 2622, but also a further claim, identical in every respect to the claim presented in the instant case. See Carrier's subnussion in Docket TD-2567, Item 1, rage 2, and Carrier'. Exhibit 2. See also Carrier's answer to entployes' oral statement, dated February 76, 1944, beginning with Item No. 2 on Page 1, and running through Page; '= and 3, all of which references are hereby made a part hereof, the same as though incorporated herein.

It is made cenr by the references that, at all tunes, the petitioner in the instant case had in mind, and mentally in ieseive, the case now proposed to be filed with this Board, and it is clearly an effort, therefore, to split the cause of action, such as was fully dealt with and rejected by your Board in Its Award 1215.

If Third Division, National Railroad Adjustment Board, does not reject or dismiss the ex parte submission, proposed to be filed, on this petition, then respondent carrier requests that an oral hearing be conducted and respondent afforded an opportunity to argue the issues herein prevented.

OPINION OF BOARD: Claimant tars employed a> a Trick Train Dispatcher with regularly assigned hours 7:00 A. 3l. to 3:00 P. Al. daily except Saturday, Saturday being his xegulaily it:signned rest day. On three Sundays November 14, 1948, February 6, 1944, arid February 20, 1044, Claimant was required to report for ditty at 2 :00 .\. Dl., four hours prior to the expiration of the weekly rest day assigned to his position. Ile thereupon worked four hours on each of three rest days for which he was compensated at the time and one-half rate and the eight boula im;nediatelv following con,stituting his regular assignment for «hich he tin: pain a, the pro rnta rate. IL i. the contention of the Claimant that he is e1tticled to .-ompen',atiou ut time and one-half for the last four hour, worked under Rn1e 2 (a) of the Mediation Agreement, dated March 74, 1942, providing for such penalty pay for "time worked in cxce:;s of eight (8) hours on any day-".

This is a companion claim to Docket TD-J 126, Au-urd No. 3146, and for the reasons given in the opinion in that Award, the claim should be denied.

FINDINGS: The Third Division of the Adjustment Board, After giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

That the Agreement was not violated as alleged in the present claim.

AWARD