PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The Agreement was violated when Section Foreman L. McLean was not used to perform overtime service on his assigned Section territory (Section 5056) on August liF, 15, 16, 17, 21, 22, 23 and 24, 1978 (System File 37-scL-77-58/12-27 (79-$) J).

 (2) Section Foreman L. McLean be allowed forty-three (43) hours of pay at his time and one-half rate because of the violation referred to in Part (1) hereof."

 OPINION OF BOARD: In the Submission here, the Claimant asserted that he was
 contractually entitled to perform all of the work accruing
 to his position, and thus he had the right to perform all overtime service on
 his assigned territory. In addition to defenses on the merits, Carrier has
 reminded us that the Claimant did not cite any contractual basis for the claim
 while the matter was under review on the property. Thus, pursuant to Award 19975,
 Carrier argues that the claim should be dismissed.

 Nonetheless, Claimant asserts that the Carrier itself did not raise the asserted defense in a timely manner.

 On the property, the Carrier did state that there was no Agreement guaranteeing the overtime to the Employe. We feel that the deficiency was raised in sufficient terms on the property and thus the Claim should be dismissed.



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, 193;

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

                      Docket Number MW-23383

                      A W A R D


        Claim dismissed.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

        Rosemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 26th day of May 1982.

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