Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37565
Docket No. SG-37465
05-3-02-3-549
The Third Division consisted of the regular members and in addition Referee
Marty E. Zusman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(BNSF Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Burlington Northern Santa Fe (BNSF):
Claim on behalf of C. D. Sconyers, for payment of 42 hours and 30
minutes at the straight time rate, account Carrier violated the current
Signalmen's Agreement, particularly Section 6 and Section 10(b) of
the National Vacation Agreement, when it distributed more than 25
percent of the workload of a vacationing employee to the Claimant
from June 18, through June 29, 2001, without assigning a relief
employee. Carrier's File No. 35 010047. General Chairman's File No.
01-085-BNSF-129-S. BRS File Case No. 12142-BNSF."
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 I Award No. 37565
Page 2 Docket No. SG-37465
05-3-02-3-549
Parties to said dispute were given due notice of hearing thereon.
Upon careful review of the on-property record, we find that although the
dates, times and details vary, this claim considers the same contentions and factual
disputes as we considered in Third Division Awards 37563 and 37564. Our
conclusions rest upon the same on-property considerations and follow the logic of
Third Division Award 32210 when presented with a clear long term practice and
negotiated Rule assertions that are never rebutted. Given that background, we
must deny the claim.
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 20th day of July 2005.