Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27149
THIRD DIVISION Docket No. MW-27216
88-3-86-3-291
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(National Railroad Passenger Corporation

(Amtrak) - Northeast Corridor

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

(1) The Agreement was violated when Plumber S. Morabito was not called to perform overtime service on January 6, 1985 (System File NECBMWE-SD-1215).

(2) Because of the aforesaid violation, Plumber S. Morabito shall be allowed an additional four and one-half (4 1/2) hours of pay at his one-half time rate."

FINDINGS:

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

The carrier or carriers and the employe or employees involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

Based on the Board's reasoning in Third Division Award 27146, we shall deny this claim.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest:

Nancy ver - Executive Secretary

Dated at Chicago, Illinois, this 23rd day of June 1988.