Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37566
Docket No. SG-37466
05-3-02-3-550
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 D. R. Hood, for payment of 12 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 July 2, through July 6, 2001, without assigning a relief
employee. Carrier's File No. 35 010048. General Chairman's File No.
01-086- BNSF-129-S. BRS File Case No. 12143-BNSF."
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. 37566
Page 2 Docket No. SG-37466
05-3-02-3-550
Parties to said dispute were given due notice of hearing thereon.
Based upon the Board's careful review, 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, 37564 and 37565. Our conclusions
rest upon the same considerations previously indicated in those Awards. We also
find that the logic expressed in Third Division Award 32210 is applicable, when, as
here there is 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.