PARTIES TO DISPUTE:



STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Missouri Pacific Railroad Company




Claim on behalf of Electronic Technician B. J. Lockley for six (6) hours on October 31, 1981, and eight (8) hours on November 1, 1981, at one-half his straight time hourly rate of $2394.19 per month, account this amount deducted from his timeroll. (Carrier file No. K 315-219)



Claim on behalf of Electronic Technician B. J. Lockley for six (6) hours on December 14, 1981, and eight (8) hours on December 15, 1981, at onehalf his straight time h 315-231)

OPINION OF BOARD: The claims herein involve work performed on Saturday and
Sunday, Oct. 31 and Nov. 1, 1981 on the Oklahoma Subdivision of Carrier. The second claim is were in December of 1981.

In its submission, Petitioner argues that the work mandated the payment of overtime since it was work on Saturday and Sunday and also off Claimant's assigned territory. Initially it must be noted that the arguments pertaining to the overtime pay required on Saturday and Sunday were not raised by Petitioner during the handling of this matter on the property. It is clear and undisputable that new issues may not be considered when raised for the first time in presentations to this Board. For that reason there will be no consideration of the arguments relative to Saturday and Sunday work.

An analysis of the problem of work "off territory" reveals that there is no rule support for Claimant's position and indeed no factual basis for the Claim. First the record indicates that Claimant's assignment embraced the entire former TP territory; further, the particular area in Oklahoma referred to in this Claim was part of a Carrier which had been purchased by the TP prior to the merger of the TP into the Missouri Pacific (the Carrier herein). For these reasons there is no evidence that Claimant was even assigned off of his territory. The conclusion must be that the Claim does not have merit.
Award Number 25067
Docket Number SG-24930

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


That the parties waived oral hearing;

~CEJ` f


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upon the c Io!~

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.

ATTEST: ~ , ~~'~y
Nancy J. Dev -Executive Secretary

Dated at Chicago, Illinois, this 4th day of October 1984.

NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division