"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 M. L. Cathcart and R. J. Shanahan, for 26 hours overtime each, account Carrier violated the current Signalmen's Agreement, particularly Rule IS and Side Letter 10 (dated May 16, 1999), when it used junior employees instead of the Claimants for overtime service on the 123rd Street crossing on the Rock Island prior rights district on November 17 and 18, 2007, and denied the Claimants the opportunity to perform this work. Carrier's File No. 11-21-640. General Chairman's File No. 113-RI-07. BRS File Case No. 14206-NIRC."

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 M. L. Cathcart was a Signal Testman headquartered at the Tinley Park Wire Shop with assigned territory of the Rock Island and Southwest Service Districts and Claimant R. J. Shanahan was a Signal Maintainer at the Joliet UD Interlocking on the Rock Island District. The Claimants worked Monday through Friday schedules. The Claimants also held prior rights on the Rock Island District.

On Saturday, November 17 and Sunday, November 18, 2007, the Carrier assigned two Signal Electronics Technicians (SETs) who were junior to the Claimants to work overtime at the renewal of the 123rd Street crossing on the Main and Suburban Lines Territory on the Rock Island District. The SETS were used to jumper the crossing out of service and then at the end of the work day to recalibrate the GCP units to assure that they were working properly. There is no showing that the Claimants were not qualified to perform the work.

As in Third Division Award 41188, Side Letter No. 10 dated May 16, 1999 ("Prior rights, and the seniority that goes with it, shall be applied as being superior to an individual's relative position on the system seniority roster when an employee is stationed on their prior rights district . . . [and p]rior rights takes priority in the exercise of seniority, overtime allocation, and preference for receiving vacation or other paid for time not worked") and Public Law Board No. 5565, Award 34 govern this dispute and require a sustaining award.

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

AWARD

im sustained in accordance with the Findings.
Form I Award No. 41205
Page 3 Docket No. SG-40924
12-3-NRAB-00003-090234

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 22nd day of February 2012.