Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38058
Docket No. SG-37539
07-3-02-3-602

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:


STATEMENT OF CLAIM:



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.
Form 1 Award No. 38058
Page 2 Docket No. SG-37539
07-3-02-3-602

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



This is a companion case to the matter considered in Third Division Award 38001. The facts and circumstances are identical to the facts in the foregoing Award, with the exception of the dates involved. For the purposes of confirming our position in that Award, we quote from the prior case:



There, as here, the Board found, "albeit too late to benefit the Claimant," that he was entitled to an Unjust Treatment Hearing as requested, and that the Carrier violated Rule 70 by ignoring that request.
Form I Award No. 38058
Page 3 Docket No. SG-37539
07-3-02-3-602







This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


Dated at Chicago, Illinois, this 25th day of January 2007.