Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32264
Docket No. TD-32786
97-3-96-3-103
The Third Division consisted
of
the regular members and in addition Referee
John C. Fletcher when award was rendered.
(American Train Dispatchers Department/International
( Brotherhood
of
Locomotive Engineers
PARTIES TO DISPUTE:
(Burlington Northern
STATEMENT OF CLAIM:
"(a) The Burlington Northern Railroad Company (hereinafter referred
to as the carrier) violated the current effective agreement between the
Carrier and the American Train Dispatchers Department, (hereinafter
referred to as the organization) Article 2(e) in particular when on June 13,
1994 it required dispatcher H. E. Beam to work a position other than the
one obtained in the exercise
of
seniority.
(b) The Carrier shall now compensate dispatcher H. E. Beam the
difference between eight (8) at the straight time rate and eight (8) hours at
the overtime 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 employee or employees involved in this dispute
are respectively carrier and employee 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 were given due notice
of
hearing thereon.
Form 1 Award
No.
32264
Page 2 Docket
No.
TD-32786
97-3-96-3-103
The facts are similar and the issue involved in this matter is identical to that
decided by the Board in Third Division Award 32263. Our Findings and Award there
control here.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 7th day of October 1997.