(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claims of the General Committee of the Brotherhood
 of Railroad Signalmen on the Chicago and North Western Transportation Company:

 Claim No. 1
(a) Overtime slip dated December 26,1972 for four hours at the one-half time rate of Leader Signal Maintainer as submitted by Mr. T. C. Malin, overtime slip dated December 27, 1972, for eight hours at the one-half time rate of Leader Signal Maintainer as submitted by T. C. Malin, and overtime slip dated January 12, 1973 for four hours and thirty minutes at the one-half time rate of Ldr. Signal Maintainer also submitted by Mr. Malin, was returned to him unapproved by you February 13, 1973.

 (b) Carrier should now be required to compensate Mr. Mrlin for the above claimed time, a total of sixteen and one-half hours alhalf-time Ldr. Signal Maintainer
Claim No. 2
(a) Overtime slip for 3 hours and 5 minutes at the half-time rate of Leader Signal Maintainer Ed Krueger, for work performed repairing gate arm at Granite Street to him unapproved on Feb. 22, 1973.

 (b) Carrier should now be required to compensate Mr. _Krueger for the amount of time claimed above. /Carrier's File: 79-8-121/

 Claim No. 3
(a) Carrier violated the current agreement between the Brotherhood of Railroad Signalmen and the Chicago and North Western Transportation Company, particularly Rules 76 and 20(a), when Mr. II. L. Tomkins, Division Signal Supr., denied overtime slips:

 1. Dated April 24, 1973 for 6 hours half-time rate of Ldr. Sig. t4tnr. P. R. Singletary account of assisting Sussex Mtnr. at Lily Road, AFE 82939.


...Dated May 7, 1973 for 1 hour and 15 minutes half-time rate of Ldr. Sig. Mtnr. Singletary and Asst. J. G. Sornson account of checking crossings at Mapleton and Ashippun .

 ...Dated May 10, 1973 for 2 hours and 15 minutes half-time rate of Ldr. Sig. Mtnr. Singletary and Asst. J. G. Sornson account of checking battery and crossings east of
...Dated May 14, 1973 for 1 hour and 50 minutes half-time account of replacing insulators Ashippun to Mapleton and checking crossings, Ldr. Sig. Mtnr. Singletary and Asst. J. G. Sornson.

 ...Dated May 18, 1973 for 45 minutes half-time rate of Ldr. Sig. Mtnr. Singletary and Asst. J. G. Sornson account of checking crossings at Ashippun and Mapleton.

 Above overtime slips returned unapproved on May 24, 1973.

 2. Dated May 24, 1973 for 3 hours and 5 minutes at the half-time rate of Idr. Sig. Mtnr. P. R. Singletary and Asst. R. N. Kobishop account of checking crossing at Ashippun and Mapleton, clearing failure of West Bound signals Bark Pit to Rock Siding.

 ..Dated May 29, 1973 for 3 hours and 30 minutes half-time rate of Ldr. Sig. Mtnr. Singletary and Asst. R. N. Kobishop account replacing broken signal lenses Marcy and checking crossing protection east of North Lake, Sussex Mtnr. on vacation.

 ...Dated May 30, 1973 for 2 hours at the half-time rate of Ldr. Singletary and Asst. Kobishop ac 24.5 Sussex Mtnr. on vacation.

 ...Dated June 4, 1973 for 4 hours and 30 minutes half-time rate of Ldr. Singletary account east absolute signal Rock Siding at Stop .

 ...Dated June 4, 1973 for 2 hours and 30 minutes half-time rate of Ldr. Singletary account repairing pole line behind feed mill at Ashippun .

 ...Dated June 5, 1973 for 2 hours half-time rate of Ldr. Sig. Mtnr. Singletary and Asst. Kobishop account of checking crossings and battery east of Rock Siding to Sig. 751.

 Above listed overtime slips returned unapproved by Mr. H. L. Tomkins June 7, 1973.


(b) Carrier should now be required to compensate Mr. Singletary, Sornson, and Kobishop for the re above. /Carrier's File: 79-8-135%
Claim No. 4
(a) Carrier violated the current agreement between the Brotherhood of Railroad Signalmen and the Chicago and North Western Transporation Company, when Mr. H. L. Tomkins, Div. Signal Suprv. denied overtime slips:
1. Dated May 14, 1973 for 3 hours at the half-time rate of Sig. Mtnr. Lloyd C. Pautzke account broken rail M. P. 111.1, Brooks, Ldr. Sig. Mtnr. at Oxford, on vacation .
...Dated May 15, 1973 for 6 hours half-time rate of Sig. Mtnr. Pautzke, account working with Ldr:from Madison, on Oxford territory. Ldr. Sig. Mtnr. Oxford on vacation .
...Dated May 17, 1973 for 2 hours half-time rate of Sig. Mtnr. Pautzke account replacing bonds due to dragging equipment. Ldr. from Oxford on vacation .
...Dated May 16, 1973 for 4 hours half-time rate of Sig. Mtnr. Pautzke account working on Oxford territory with Ldr. from Madison. Ldr. from Oxford on vacation. Above overtime slips returned unapproved by Mr. Tomkins May 21, 1973.
2. Dated May 20, 1973 for 5 hours half-time rate Sig. Mtnr. Pautzke account derailment at Glen Oak and Ldr. Oxford on vacation, returned unapproved May 23, 1973 by Mr. Tomkins.
3. Dated May 21, 1973 for 1 hour and 30 minutes half-time rate Sig. Mtnr. Pautzke account frog removed at Brooks and straight rail installed, Ldr. at Oxford on vacation .
...Dated May 24, 1973 for 5 hours at half-time rate of Sig. Mtnr. Pautzke account inspecting crossing and three broken rail between M.P. 100 and 104 Ldr. from Oxford on vacation.
Above overtime slips returned by Mr. Tomkins may 29, 1973.
4. Dated May 29, 1973 for 5 hours half-time rate of Sig. Mtnr. Pautzke account two broken rail, M.P. 89.6 and 101.8, Ldr. Mtnr. Oxford and Mtnr. at Dalton unavailable. Returned by Mr. H. L. Tomkins May 31, 1973 (initialed JJH).
                Award Number 20893 Page 4

                Docket Number SG-20819


(b) Carrier should now be required to compensate Mr. Pautzke for the above claimed time. /Carrier's File: 79-8-138/

 Claim No. 5
(a) Carrier violated the current agreement between the Brotherhood of Railroad Signalmen and the Chicago and North Western Transportation Company, particularly Rules 76 and 20(a), when Mr. H. L. Tomkins, Div. Signal Suprv., denied overtime slips:

 1. Dated May 21, 1973 for 6 hours half-time rate of Ldr. Sig. Mtnr. E. R. Krueger account of storm damage and checking crossing protection M. P. 190 to 213, Reedsburg, Wis. Mtnr. was on vacation.

 2. Dated May 22, 1973 for 7 hours half-time rate of Ldr. Sig. Mtnr. E. R. Krueger account of repairing storm damage at Union Center, Wisc. Reedsburg, Wis. Sig. Mtnr. on vacation.

 3. Dated May 25, 1973 for 6 hours half-time rate of Ldr. Sig. Mtnr. E. R. Krueger account of repairing storm damage, Reedsburg territory, signal 226 at stop Reedsburg, Sig. Mtar. on vacation. The above overtime slips were returned unapproved by Mr. H. L. Tomkins on May 29, 1973.

 (b) Carrier should now be required to compensate Mr. Krueger for the amount of time claimed above. /Carrier's File: 79-8-137/

 OPINION OF BOARD: The five claims involved in this dispute all developed
 from Carrier's realignment of Signal Maintainers and
 the consolidation of Signal Maintainer's territories. This identical or
 related issue has been considered by this Board recently in six differ
 ent Awards with five different Referees participating. In all those
 Awards the principal issue dealt will: herein has been denied or dis
 missed by the Board. The Awards are: 20630, 20746, 20796, 20797, 20802
 and 20811. Petitioner, in its submission, states that the issues con
 sidered in Awards 20796, 20797 and 20802 are similar to the instant
 case, in that they also involved a request for additional half-time pay
 under Rule 20 (a).

 The Organization also raises in this dispute the issue of possible violation of the Vacation Agreement in that some of the incidents occurred while the Mainta the territory (prior to realignment) was on vacation. We note however, that in the absence of specific evidence indicating a burden in excess of the 25% on any one employee as a direct consequence of assuming duties of a vacationing employe, the issue asses the same dimensions and requisite consideration as the remainder of the Claims.
                Award Number 20893 Page 5

                Docket Number SG-20819


The Organization, in its arguments, raised the question of the intent of the Carrier in making the changes. The Organization cited prior doctrine (Awards 139 3301 and 3396) which held that " ....the intent with which an act is done, maybe, and usually, is determined by the effect resultin evidence in the instant dispute which would lead us to the conclusion that the Carrier made the chan obvious implications of the instant Claims.

 Since the issues herein have previously been considered by this Board and the contentions of Petitioner have been rejected consistently, we must follow the doc will be denied.

        FINDINGS: The Third Division of the Adj,tetment 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 the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
        That the Agreement was not violated.


                A W A R D


        Claims denied.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


ATTEST: i(/V i />~/Z
 Executive Secretary

 Dated at Chicago, Illinois, this 12th day of December 1975.

 i
        Dissent to Award 20893, Docket SG-20819


Our Dissent to Awards here cited by the Majority should be noted.

                              W. W. Altus~ Jr.

                              Labor 144ember