Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38006
Docket No. SG-37807
06-3-03-3-170
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman 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 (UP):
Claim on behalf of N. J. Scarsone, for 10 hours at his overtime rate
of pay, account Carrier violated the current Signalmen's
Agreement, particularly Rule 16, when it failed to call the Claimant
as the next maintainer to be called from the call list for the territory
at MP 10.2 (West Bridge Interlocker) on February 17, 2002, and
called another employee, depriving the Claimant of the opportunity
to perform this work." Carrier's File No. 1311486. General
Chairman's File No. S-16-261. BRS File Case No. 12480-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.
Form 1 . Award No. 38006
Page 2 Docket No. SG-37807
05-3-03-3-170
Parties to said dispute were given due notice of bearing thereon.
The issue in this case is identical to the issue presented in Third Division
Award 38005 with one essential exception. In the instant claim, it is undisputed in
the record that the Claimant was working during the time that he allegedly should
have been called and was, therefore, unavailable to work the overtime at issue.
Accordingly, the instant claim is dismissed as moot.
AWARD
Claim dismissed.
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 25th day of October 2006.