The Third Division consisted of the regular members and in addition Referee Robert E. Peterson when award was rendered.
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 AdjustmentBoard has jurisdiction over the dispute involved herein.
This claim arises from the Carrier having an operational need to work two eight-hour shifts at the Savannah Signal Shop on a rest day, Saturday, October 24, 1997.
The arguments of the parties are basically the same as those set forth in a claim advanced to the Board in a similar dispute, viz, Third Division Award 35033, except that the instant claim involves a different Claimant on a subsequent date.
Basically, the Carrier maintains that pursuant to applicable Rules it called employees in seniority order to each work eight hours on either of the two rest day shifts regardless of what shift they were working during the week, whereas the Claimant contends that he should have been permitted to work eight hours on the first shift and four hours on the second shift as a more senior employee to a junior employee who was called to work eight hours on the second shift.
For the same reasons that the Board set forth in disposition of the prior dispute, this claim will likewise be denied.
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.