Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37089
Docket No. MS-36693
04-3-01-3-197

The Third Division consisted of the regular members and in addition Referee James E. Nash when award was rendered.

(Thomas J. Yetmar PARTIES TO DISPUTE:


STATEMENT OF CLAIM :



FINDINGS :

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
Form 1 Award No. 37089
Page 2 Docket No. MS-36693


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 argues that the parties entered into an agreement whereby District Signal Foremen would be compensated at the rate of not less than five cents an hour more than employees working under their supervision. According to the Claimant, these terms were agreed in a letter of understanding dated August 7, 1941 between G. F. Stephens of the C&NW Railroad and 1. M. Fisher of the Brotherhood of Railroad Signalmen.


The Claimant offered rosters, pay scales, memoranda, and several letters that made general references to the stated letter of understanding. However, the record before the Board included neither the agreement nor excerpts from agreement language that would support the Claimant's allegation that the Carrier violated the agreement.


The Carrier insisted that the letter of August 7, 1941 was merely correspondence from the General Chairman requesting how the District Signal Foremen should be paid. The Carrier emphasized that the letter was neither signed nor acknowledged as an agreement by a Carrier official.


The Carrier maintains that Rule 50 of the C&NW Agreement specifically outlines the rate of pay to which a District Signal Foreman is entitled as of January 1, 1985. The Carrier made the additional point that several wage Agreements and adjustments have been made between the interested parties since 1941. None have utilized the formula suggested by the Claimant.


We have read and evaluated the entire body of evidence laid before us. We are unable to find any facts supportive of the Claimant's assertion that the parties reached an agreement whereby District Signal Foremen would be compensated in the manner alleged by the Claimant.

Form 1 Award No. 37089
Page 3 Docket No. MS-36693
04-3-01-3-197



    Claim denied.


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 21st day of July 2004.