Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37179
Docket No. SG-37814
04-3-03-3-180
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the National Railroad Passenger Corp.:
Claim on behalf of D. P. Buker, for 12 hours at his time and one-half
rate of pay, account Carrier violated the current Signalmen's
Agreement, particularly the Planned Overtime Call List, when it
used a junior employee for planned overtime service on November
17, 2001, in connection with the Glouchester Drawbridge project
and denied the Claimant the opportunity to perform this work.
Carrier's File No. NEC-BRS(S)-SD-949. General Chairman's File
No. JY321090-120025. BRS File Case No. 12489-NRPC(S)."
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. 37179
Page 2 Docket No. SG-37814
04-3-03-3-180
Parties to said dispute were given due notice of hearing thereon.
The instant claim asserts that the Claimant should have been called for
overtime that was performed by a junior employee from 6:00 A.M. to 6:00 P.M. on
November 17, 2001. The record reflects that the Carrier made reasonable efforts to
contact the Claimant by radio, cell phone, and pager and that the Claimant did not
respond. After attempting to reach the Claimant for approximately one half-hour,
the Carrier proceeded to the next person on the call list. The Carrier produced a
statement from the Roadmaster who attempted to reach the Claimant in support of
its position. There being no contrary evidence in the record, the claim must be
denied.
AWARD
Claim denied.
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 28th day of September 2004.