Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28586
 THIRD DIVISION Docket No. MS-28849
 90-3-89-3-285
 The Third Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.

 (M. L. Foster PARTIES TO DISPUTE:

STATEMENT OF CLAIM:
"On behalf of myself, M. L. Foster, for 8 hours pay at my punitive rate of pay, account of Carrier violated the current Signalmen's Agreement, as amended, particularly rule 5-A--1(H) and appendix 'P' when it failed to call me for overtime service at 31 E. Georgia St. on January 6 and 7. 1988. Carrier file SD-2516."

 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.

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

 At the time of this Claim, the Claimant was a regular employee headquartered at the Carrier's Av Indianapolis facility.

 The evidence, properly developed on the property (to which the Board is restricted in its deliberations), leads us to conclude that the Claim must be denied. In this respect, the Board particularly notes the Carrier's denial letters May 6, 1988 and October 3, 1988. The substance of these was not effectively rebutted by the





                            By Order of Third Division


Attest:
        ancy J. Dey~xecutive Secretary


Dated at Chicago, Illinois, this 16th day of October 1990.