Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37021
Docket No. SG-37246
03-3-02-3-168
The Third Division consisted of the regular members and in addition Referee
Francis X. Quinn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Union Pacific Railroad Company:
Claim on behalf of R. B. Dickey for eight hours at straight time rate
for each Tuesday and Wednesday that he was required to take as
rest days and eight hours at the half-time rate for each Saturday and
Sunday
(15"
and 3`d shifts) that he was required to provide weekend
coverage starting December 9, 2000, and continuing until this
dispute is resolved. Account Carrier violated the current
Signalmen's Agreement, particularly Rule 5, when it improperly
assigned the Claimant to work Saturday and Sunday as part of his
normal workweek. Carrier's File No. 1259015. General
Chairman's File No. S-5-127, BRS File Case No. 11955-UP."
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.
Form 1 Award No. 37021
Page 2 Docket No. SG-37246
03-3-02-3-168
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of bearing thereon.
1n a letter dated February 2, 2001, the Organization tiled a continuing claim
contending the Carrier violated Rule 5 when it cbanged the Claimant's workweek.
This is the same issue found in Third Division Award 37018. The gravamen of the
complaint is that the Carrier violated the Agreement when it established seven-day
positions in July 2000. The record reveals that the Carrier had demonstrated an
increased level of activity that necessitated weekend maintenance. Furthermore,
because the claim was filed more than 60 days after July 12, 2000, it is also untimely.
See Third Division Awards 23953, 30011, 35583, 35967, and 36980.
AWARD
Claim dismissed.
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 18th day of May 2004.