Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37218
Docket No. SG-37210
04-3-02-3-124
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 S. P. Carroll, for payment of nine hours at the
time and one-half rate. Account Carrier violated the current
Signalmen's Agreement, particularly Rule 16, when it called another
employee instead of the Claimant for overtime service on his
adjoining territory on December 16, 2000. Carrier's File No.
1256359. General Chairman's File No. W-15-095. BRS File Case
No. 11884-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.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 37218
Page 2 Docket No. SG-37210
04-3-02-3-124
The record indicates that the Carrier did not violate Rule 16A. Regular
assignees were called prior to calling the Signal Department employees who
performed the work.
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.