"CORRECTED"
Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40353
Docket No. SG-39840
10-3-NRAB-00003-070007
(07-3-7)
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 Railroad:
Claim on behalf of W. Allen, for 72 hours at his time and one-half
rate of pay, account Carrier violated the current Signalmen's
Agreement, particularly Rule 13, when it failed to call the Claimant
for overtime service from September 28, 2005 through October 3,
2005, and instead used a junior employee to perform this work, thus
causing a lost work opportunity for the Claimant. Carrier's File No.
1437801. General Chairman's File No S-13-751. BRS File Case No.
13697-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.
Form 1 Award No. 40353
Page 2 Docket No. SG-39840
10-3-NRAB-00003-070007
(07-3-7)
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
At the time this dispute arose, Claimant W. Allen was assigned to the position
of Signalman on Gang 2674. The instant claim was filed in connection with the
Carrier's failure to call the Claimant for overtime work extending from September
28 through October 3, 2005.
The Board reviewed the record evidence and correspondence in this case. It
is apparent that there was a confluence of unfortunate circumstances, including the
sudden illness of the Claimant's Foreman, which resulted in his not being called for
overtime when he should have been. The record fully supports the Organization's
position that the Claimant is entitled to payment for the time lost.
AWARD
Claim sustained.
ORDER
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 1st day of March 2010.