William M. Edgett, Referee


            (Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

                          (The Atchison, Topeka and Santa Fe Railway Company

                          ( - Eastern Lines -


            STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of

            Railroad Signalmen on the Atchison, Topeka and Santa Fe Railway Company that:


            (a) The Carrier violated the Signalman's Agreement, effective May 1, 1966, particularly Article 2, Section 11-(a)-2, when on March 11, 1972, Carrier called and used Lamy Signal Maintainer M. M. Lark, to perform overtime signal work at instead of Las Vegas Signal Maintainer J. D. Williams. Signal Maintainer Lark was called account the OS section showed occupied on the TCS machine. Las Vegas Signal Maintainer J. D. Williams was not registered absent and was available for call to perform the necessary signal work on his assigned territory.


            (b) Claim by the Brotherhood in behalf of Signal Maintainer J. D. Williams for payment at his respective overtime rate of pay for a number of hours equivalent to the number of hours worked and paid to Signal Maintainer M. M. Lark, w


i _
                  LCarrier's File: 132-128-24/


            OPINION OF BOARD: Trouble was reported on claimant's assigned territory.


            Carrier tried to call claimant but did not reach him. A Signal Maintainer from an adjoining territory got the call.


            Carrier has introduced a statement from the operator in which he stated "I tried to phone Mr. Williams several times and received no answer." Claimant stated "I was at my residence March 11, 1972 and available for call to perform any


            The Board has often held that in the face of a conflict, such as that presented here, it will dismiss the claim on the basis that claimant has failed "to establis 18871 and others). Accordingly, the claim is dismissed.

                Award Number 20408 Page 2

                Docket Number8G-20429


        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Claim must be dismissed.


                      A W A R D


        Claim dismissed.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division

ATTEST: ~ ~. P ~!(~.

        Executive Secretary


Dated at Chicago, Illinois, this 27th day of September1974.

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