Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29212
THIRD DIVISION Docket No. SG-29382
92-3-90-3-309
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig 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 Southern


Claim on behalf of T. W. Fogarty and G. J. Wees, for payment of thirteen (13) and ten (10) hours of pay, account of Carrier violated the current Signalmen's Agreement, when it allowed or permitted them to work more than 25% of the work load on vacationing Signal Maintainer's
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.

Third Division Award 28630 addressed the same facts as in this case. Award 28630 awarded compensation to the Claimant in that case. The only difference in this Claim is that the Claimants here are the ones who actually performed the work at issue in Award 28630. Accordingly, this is a settled matter for which more compensation would not be appropriate under the Agreement.




Form 1 Award No. 29212
Page 2 Docket No. SG-29382
92-3-90-3-399
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division

Attest:


Dated at Chicago, Illinois, this 7th day of May 1992.