Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37099
' Docket No. SG-36982
04-3-01-3-576
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 M. T. Van Becelaere for payment of four hours
at the time and one-half rate. Account Carrier violated the current
Signalmen's Agreement, particularly Rule 13, when on August 8,
2000, it allowed a junior employee to perform overtime service and
deprived the Claimant of the opportunity to perform this work.
Carrier's File No. 1246996. General Chairman's File No. N13-106.
BRS File No. 11768-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.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Form 1 Award No. 37099
Page 2 Docket No. SG-36982
04-3-01-3-576
Parties to said dispute were given due notice of hearing thereon.
On September 20, 2000, the Organization presented a claim on behalf of the
Claimant contending that the Carrier allowed a junior employee to work overtime.
It was requested that the Carrier compensate the Claimant for four hours at the
overtime rate for the amount of overtime that the junior employee worked. The
record indicates that the Claimant was on vacation. Such a claim does violence to
the concept and benefits of seniority and must be denied.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an Award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 21st day of July 2004.