Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40254
Docket No. SG-40016
10-3-NRAB-00003-070178
(07-3-178)
The Third Division consisted of the tear 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 Railroad:
Claim on behalf of D. L. Hazlett, for compensation at his half-time
rate of pay for all hours worked outside his assigned territory
starting December 1, 2005 and continuing until this dispute is
resolved, account Carrier violated the current Signalmen's
Agreement, particularly CNW Rule 21(a) as preserved by the
Implementing Agreement effective January 31, 2000 and Rule 56 of
the current CBA, when it changed the territorial limits of the
Claimant in order to avoid paying the time and one-half rate for
working off his assigned territory as required by the Agreement.
Carrier's File No. 1444018. General Chairman's File No. N21a597.
BRS File Case No. 13719-UP."
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. 40254
Page 2 Docket No. SG-40016
10-3-NRAB-00003-070178
(07-3-178)
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Board notes that this case is identical in subject and circumstance to the
claim denied in Third Division Award 39287. That Award is directly on point and
dispositive of the very matter at issue in this case. Accordingly, the instant claim is
denied.
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 15th day of January 2010.