Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36585
Docket No. SG-36359
03-3-00-3-603
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:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of Railroad
Signalmen on the Kansas City Southern Railroad (KCS):
Claim on behalf of J. M. McDonald for payment of 35 hours at the time
and one-half rate. Account Carrier violated the current Signalmen's
Agreement, particularly Rule 12(a), when on June 18 and 19, 1999 (the
Claimant's assigned weekend off), it required the Claimant to perform
standby service and then failed to compensate him for doing so. Carrier's
File No. K0699-5336. General Chairman's File No. BRS 9902712. BRS
File Case No. 11320-KCS."
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. 36585
Page 2 Docket No. SG-36359
03-3-00-3-603
This case involves the same Rules, arguments and positions as are contained in
Third Division Award 36584. It is not necessary that they be repeated here. Rather,
by reference, the Findings and conclusions set forth in that Award are made a part of
this Award.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADTUSTIVIENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 16th day
of
June 2003.