PARTIES TO DISPUTE: (
 (Northeast Illinois Regional Commuter Railroad
 ( Corporation (Metra)

 STATEMENT OF CLAIM:

 Form I

 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
Award No. 41197
 Docket No. SG-40816
 12-3-NRAB-00003-090074

 The Third Division consisted of the regular members and in addition Referee Edwin H. Benn when award was rendered.

 (Brotherhood of Railroad Signalmen

"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the Northeast Illinois Regional Commuter Rail Corp.:


Claim on behalf of D. P. Romaniszak, for 12 hours overtime account Carrier violated the current Signalmen's Agreement, particularly Rule 26, and Side Letter 20 (dated May 16, 1999), when it used a junior employee instead of the Claimant for planned overtime service on July 31, 2007 (sic), and denied the Claimant the opportunity to perform this work. Carrier's File No. 11-28-516. General Chairman's File No. 209-MAY-05. BRS File Case No. 14113NIRC."


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

 are respectively carrier and employee within the meaning of the as approved June 21, 1934.

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

 involved in this dispute

 Labor Act,
 Form 1 Page 2

 Award No. 41197
 Docket No. SG-40816
 12-3-NRAB-00003-090074

 Parties to said dispute were given due notice of hearing thereon.

 Claimant is a Signal Maintainer on the Milwaukee District

headquartered at Roselle. The Claimant also holds prior rights on the Milwaukee District.


On Sunday, July 31, 2005 (a date the Claimant was not scheduled to work) the Carrier assigned overtime to A. Gutierrez for work at a planned crossing renewal project at Church Street in Bensenville on the Milwaukee District. Gutierrez is junior to the Claimant and holds no prior rights on the Milwaukee District. This claim followed.


In Third Division Award 41188 the Board held that Side Letter No. 10 and Public Law Board No. 5565, Award 34 required that for employees stationed on their prior rights district, "[p)rior rights takes priority in the exercise of seniority, overtime allocation . . . ." That same rationale governs this matter. As the senior employee, the Claimant was entitled to the disputed overtime opportunity.


In terms of a remedy, the Claimant shall be made whole for any lost overtime opportunities on the date set forth in the claim. However, if the Claimant earned overtime on that date, those amounts shall be offset against the Carrier's liability.


AWARD
Claim sustained in accordance with the Findings.

 ORDER
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) 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 22nd day of February 2012.