Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37217
Docket No. SG-37209
04-3-02-3-123
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 IN. Alaimo, for 13 hours at the time and one-half
rate, plus skill differential. Account Carrier violated the current
Signalmen's Agreement, particularly Rule 15, when it did not allow
the Claimant to take overtime call at a hot box detector near
Goloonda, Nevada, on December 23, 2000. Carrier's File No.
1256355. General Chairman's File No. W-15-096. BRS File Case
No. 11956."
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. 37217
Page 2 Docket No. SG-37209
04-3-02-3-123
Parties to said dispute were given due notice of hearing thereon.
The record indicates the Claimant did not respond to repeated calls and
pages. There was no Rule violation when Signal Operations sought another Signal
Maintainer. Because the Claimant did not perform any work on the date of claim,
he is not entitled to additional compensation under Rule 15A.
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.