Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28100
 THIRD DIVISION Docket No. SG-27245
 89-3-86-3-334
 The Third Division consisted of the regular members and in
 addition Referee Martin F. Scheinman when award was rendered.

 (Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
 Brotherhood of Railroad Signalmen on the National



Claim on behalf of E. R. Sherrod. Mr. Sherrod is a Maintainer C&S headquartered at the Odenton M of W Base. His regularly assigned hours are 2300-0700 Sunday thru Thursday, with relief days on Friday and Saturday.

 (a) claim that the Carrier violated Article 2 (sect. 23, para. h) of the agreement between the Carrier and the Brotherhood of Railroad Signalmen, effective June 1, 1943. The agreement was violated by the Carrier when Mr. J. C. Cary was used for the Biddle St. signal cut over from 0530 through 1730 hours on December 2, 1984.

 (b) claim that Mr. Sherrod be paid twelve hours at the time and one half rate of pay for the hours worked by Mr. Cary from 0530 thru 1730 hours on December 2, 1984. Mr. Sherrod was available for the above mentioned overtime, and he was not asked to work. Mr. Sherrod is the senior employee, and he should have been used ahead of Mr. Cary. Carrier file NEC-BRS-SD-220.

Claim on behalf of E. R. Sherrod. Mr. Sherrod is a Maintainer C&S headquartered at the Odenton M of W Base. His regularly assigned hours are 2300-0700 Sunday thru Thursday, with relief days on Friday and Saturday.

 (a) claim that the Carrier violated Article 2 (sect. 23, para. h) of the agreement between the Carrier and the Brotherhood of Railroad Signalmen, effective June 1, 1943. The agreement was violated by the carrier when Mr. W. R. Shultz was used for the Biddle St. signal cut over from 1630 thru 2300 hours on December 9, 1984.

 (b) claim that Mr. Sherrod be paid six and one half hours at the time and one half rate of pay for the hours worked by Mr. Shultz from 1630 thru 2300 hours on December 9, 1984. Mr. Sherrod was available for the above mentioned overtime, and he was not asked to work. Mr. Sherrod is the senior employee and he should have been used ahead of Mr. Shultz." Carrier file NEC-BRS-SD-221.
 Form 1 Award No. 28100
 Page 2 Docket No. SG-27245
 89-3-86-3-334
 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 employes 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.

Carrier maintains that the practice on the property has been to consider an employee unavailable


        Claim denied.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


Attest:
      ~~Z ' age oe r--~

        Nancy J. D -Executive Secretary


Dated at Chicago, Illinois, this 11th day of September 1989.