"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the Union Pacific Railroad Company:

Claim on behalf of J. M. O'Connor and J. G. Keith for payment of seven hours each at the time and one-half rate. Account Carrier violated the current Signalmen's Agreement, particularly Rules 13, 15, 16, and 50, when on August 13, 2000, Carrier allowed a signal inspector and a lead signalman to perform overtime work on switches and related facilities at or around MP 256 and MP 258 on the Nebraska Division. This action deprived the Claimants of the opportunity to perform this work. Carrier's File No. 1247859. General Chairman's File No. N13 15 16-134. BRS File No. 11765UP."

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

The case is identical to Third Division Award 37019. Overtime work normally goes to the incumbent of the position if he or she is available. The relevant provision in Rule 16A states, "Unless registered absent, the regular assignee will be called, except when unavailable due to rest requirements ...." The problem arose because the regular employee was taken off of the position on July 14, 2000, creating a permanent vacancy. While the vacancy was bulletined, the position was filled on a temporary basis by a Relief Maintainer, S. D. Dewey.

The Organization did not challenge the Carrier's right to require Dewey to Jill the position during the week. The governing second paragraph of Rule 26 required the Carrier to fill the temporary vacancy pending the tolling of the bidding process because the vacancy exceeded one week in duration. The Rule affirms that the vacancy may be filled by "the senior qualified employee of Class 1 assigned to the Signal or Maintenance Gang." We assume Dewey was such a person because there is no claim on behalf of anyone else for the weekday dates. The record does not justify a fnding that the Carrier violated the Agreement.

AWARD