Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36223
Docket No. SG-35707
02-3-99-3-680

The Third Division consisted of the regular members and in addition Referee Herbert L. Marx, Jr. when award was rendered.


(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAIM:



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.




The Claimant, a monthly rated Signal Inspector, was called to duty outside of his assigned work hours on March 17, 1998. The claim is based on the assertion the Claimant was entitled to overtime pay, which the Carrier declined

Form 1 Award No. 36223
Page 2 Docket No. SG-35707
02-3-99-3-680




The Organization contends that the Claimant was called "to clear red signal trouble." The Carrier states as follows:



Under the Carrier's explanation, overtime pay is not due, as provided in the final sentence of Rule 13(c)(4). The Organization fails to state what specific work, beyond "directing," was performed by the Claimant. Absent such information, the Board has no basis to sustain the claim.








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 24th day of September 2002.