(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Southern Pacific Transportation Company ( (Pacific Lines)

 STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
 of Railroad Signal=n on the Southern Pacific
 Transportation Company (Pacific Lines):

 (a) The Southern Pacific Transportation Company (Pacific Lines)violated the Agreement between the Carrier and its Employes in the Signal Department, represented by the Brotherhood of Railroad Signal n. effective October 1, 1973, particularly Rule 19, which resulted in violation of Rule 72.

 (b) Claimants Fisher, Morey and Wise be compensated thirteen (13) hours each at their respective overtime rates of pay for March 7, 1976." Carrier file: SIG 148-262)

 OPINION OF BOARD: A derailment occurred Saturday, March 6, 1976,
 causing damage to signal facilities. Signal
 maintainer Paulson, on whose maintenance district the derailment
 occurred, was unavailable and absent because of illness. Signal
 maintainers from adjoining maintenance districts were called to the
 derailment.

 Emergency overtime work was assigned to a signal gang regularly assigned to perform signal construction. The signal maintainers who filed this grievance allege that they should have been called for emergency overtime work.

 The Carrier has attached Exhibit F to its submission. That Exhibit is a letter from the former General Chairman which states, in part,
_ situations where the work had to be performed on an over-




                    Docket Number SG-22209


In view of this acknowledgment by the former General Chairman, a denial award is the proper remedy in this case.

          FITMINGS: 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 Agreement was not violated.


                      A W A R D


Claim denied.
 NATIONAL RAMOAD ADJUSTRQ'IT BOARD
 . By Order of Third Division
 ATTEST: ~· `/~/
 Executive Secretary

 Dated at Chicago, Illinois, this 15th day of November 1978.

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