"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 C. J. Fatora and T. H. Stone, for 12 hours overtime to each Claimant, account Carrier violated the current Signalmen's Agreement, particularly Rule 15 and Side Letter 10, when it used junior employees instead of the Claimants for overtime service on July 28, 2007 and denied the Claimants the opportunity to perform this work. Carrier's File No. 11-21-634. General Chairman's File No. 13-MW-07. BRS File Case No. 14173-NIRC."
The Claimants are Signal Maintainers on the Milwaukee District with Monday through Friday schedules. The Claimants also hold prior rights on the Milwaukee District.
On Saturday, July 28, 2007 (a date the Claimants were not scheduled to work) the Carrier assigned overtime at the A-2 Interlocking on the Milwaukee District to Signal Testmen who were junior to the Claimants. This claim followed.
In Third Division Award 411$8 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 employees, the Claimants were entitled to the disputed overtime opportunities.
overtime opportunities on the date set forth in the claim. However, if the Claimants earned overtime on that date, those amounts shall be offset against the Carrier's liability.