Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35411
Docket No. SG-35423
01-3-99-3-313
The Third Division consisted of the regular members and in addition Referee
James E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railway Company
( (former Atchison, Topeka and Santa Fe Railway)
STATEMENT OF CLAIM:
"Claim on behalf ofthe General Committee of the Brotherhood ofRailroad
Signalmen on the Atchison, Topeka & Santa Fe Railway (ATSF):
Claim on behalf of J.L. Carroll, for 136 hours at his time and one-half rate
plus skill differential pay, account Carrier violated the current
Signalmen's Agreement, particularly Rules 12(a) and 12(b), when it failed
to utilize the Claimant for overtime work on his assigned territory, from
December 1, 1997, through January 24, 1998. Carrier's File No. SIB 9803-05-AC. General Chairman's Fi
10964-ATSF."
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. 35411
Page 2 Docket No. SG-35423
01-3-99-3-313
In all respects except for the claim dates, this case is similar to the dispute
addressed and denied in Third Division Award 35410. There is no need, therefore, to
repeat the contentions, determinations and conclusions as previously set forth in that
Award. Rather, those determinations and conclusions are, by reference, made a part
of this Award.
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 26th day of April, 2001.