Form I
NATIONAL RAILROAD ADJ~
THIRD DIVISION
BOARD
Award No. 41213
 Docket No. SG-41031
 12-3-NRAB-00003-090402

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

 PARTIES TO DISPUTE:

 STATEMENT OF CLAIM:

 (Brotherhood of Railroad Signalmen

 (Northeast Illinois Regional Commuter Railroad

 Corporation (Metra)

"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. R. Shreffler for 18.5 hours overtime pay and R. W. Sorensen for 21 hours overtime pay account Carrier violated the current Signalmen's Agreement, particularly Rules 15 and 26, and Side Letter No. 10 (dated May 16, 1999), when it used junior employees instead of the Claimants for overtime service on March 1 and 2, 2008, and denied the Claimants the opportunity to perform this work. Carrier's File No. 11-21-672. General Chairman's File No. 118-RI-08. BRS File Case No. 14271-NIRC."


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.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
 Form I Award No. 41213
 Page 2 Docket No. SG-41031
 12-3-NRAB-00003-090402

At the time this dispute arose, the Claimants were Signal Testmen headquartered at Blue Island, with an assigned territory of the Rock Island and Southwest Service Districts. The Claimants worked Monday through Friday schedules. Claimant R. W. Sorenson held prior rights on the Rock Island District. No similar assertions were made on the property or before the Board with respect to Claimant D. R. Shreffler.


On Saturday, March I and Sunday, March 2, 2008, the Carrier assigned Signal Testmen who were junior to the Claimants to work overtime during wiring and circuit changes at Interchange Interlocking on the Blue Island Territory on the Rock Island District. According to the Carrier, the junior Testmen assigned the overtime performed the same work at the location on the days preceding the overtime assignment and did so as part of their normal assigned duties during their normal work hours. 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 prior 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.


However, the Board has previously addressed Claimant Shreffler's entitlements to overtime work on a district where he did not hold prior rights. In Third Division Award 41199 the Board found:


Form I Award No. 41213
 Page 3 Docket No. SG-41031
 12-3-NRAB-00003-090402
 There is no similar assertion in the record developed on the property
 or asserted before the Board for Shreffler as a prior rights employee
 on the Rock Island District. Notwithstanding Shreffler's otherwise
 greater seniority, we find no violation of the relevant Rules for the
 Carrier's decision to not assign the overtime opportunities to
 Shreffler who was not associated with the work during the period
 preceding the overtime assignment.
 In terms of a remedy, Sorensen shall be made whole for any lost
 overtime opportunities on the dates set forth in the claim. However,
 if Sorensen earned overtime on those dates, those amounts shall be
 offset against the Carrier's liability."

For the same reasons stated in Award 41199, only Claimant Sorensen is entitled to the remedy as provided in Award 41199. Because Claimant Shreffler did not hold prior rights on the Rock Island District, he is therefore not entitled to relief and the claim as to Claimant Shreffler must be denied.






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.





Dated at Chicago, Illinois, this 22nd day of February 2012.