Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37866
Docket No. SG-38035
06-3-03-3-471
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(BNSF Railway Company
STATEMENT OF CLAIM:
"1. Claim on behalf of the General Committee of the Brotherhood
of Railroad Signalmen on the Burlington Northern Santa Fe
Railroad.
2. Claim on behalf of R. A. Gary, for 22 hours at one and one-half
times his straight time rate of pay including skill pay, account
Carrier violated the current Signalmen's Agreement,
particularly Rules 2 and 10, and former ATSF Rule 12; when
on August 22, 23, and 26, 2002, and September 3, 5, and 6,
. 2002, it used a relief signal maintainer and two signalmen off a
gang to work overtime on maintenance following a tie and
surfacing gang on the Claimant's assigned territory. Carrier's
action deprived the Claimant of the opportunity to perform the
overtime work. Carrier's File No. 35 02 0070. General
Chairman's File No. 02-088-BNSF-33-K. BRS File Case No.
12723-BNSF."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
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Page 2 Docket No. SG-38035
06-3-03-3-471
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.
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This claim is similar to the claim that culminated in Third Division Award
37865. The arguments of the parties, as well as some of the dates are the.same.
For the reasons cited in Award 37865, the instant claim will be denied.
AWARD
Claim denied.
ORDER
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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 Ist day of August 2006.