For 1
TI T BOARD



                            - - - -4o


The Third Division consiste of the regular members in addition Referee
 Robert Richter when award was rendered.

                  (Brotherhood.of Railroad Signalmen


PARTIES TO DISPUTE:
                  (Transportation, In. (former Baltimore

                  and

                  ( Ohio ilra Company)


STATEMENT CL
                  .


"Claim on behalf of the General Committee f the of ailroa Signalmen on the CSX Trsortati, Inc. (CSXT):

 Clai on behalf o. T. Frazier, for 431 hors t the overtime rate
 for Foreman, account Carrier violate thecurrent
 Signalmen's ree ent, artic lady Rule' () hit all
 three Signal Foremen. younger tan Claimant t k overtime
 ahead t Claimant

 denyi im t opportunity to work t
 overtime. Carrier's File . 1 ( -0165). General Chairman's File
 . TI- 1-11-0. S File s o.12 4- ."

 FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

    T carrier carriers n t employee employees involved in this dispute

are e respectively carrier and employee within the meaning of the Railway Labor Act,
 approved June 1,1 .

    This Division of the Adjustment Board has

involved i.

 over t i
 Form 1 r o. 761

    e k

    0®m--40


      Parties to said dispute ere given due ntice of heari thereon.


t the time this dispute, rose the Claimant s assigned t7 1
 orkin out of Martinsburg, West Virginia. Three other an s it
 junior to t Claimant t were working at Pittsburgh, Pennsylvania.

 This dispute arose durin the period of June 1 through' August 1, hen the gangs at Pittsburgh ore 431 hours overtime.

          nizti file this claim accusing Carriviolating er 1 1 ,

          g _

    is ch reads:


      " 1


          TI C


          hen overtime service irequired of a part of a gang or group of lye, the senior employees of t e class involved, who are available, shall have preference of such overtime if they so esire."


          The Organization fade t meet its burden tat the Rule s violated.

The
 overtime worked y e a Pittsburgh s i connection it their
 construction assignment. At the tie, the Claimant was working at other locations.
 The Carrier cited numerou's Awards that held that overtime on a task goes to those
 performing' t task.

                        AWARD


    Claim denied.

Form 1 Award No. 37613
 Page 3 Docket No. SG-37978
 _ ®0

                        ORDER


This or, after consideration of the dispute identified above, hereby orders that n and favorable to tli ants) not be

                        I L T

                        r Third Division


ate t Chicago, Illinois, is 22nd day of to