Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43539 Docket No. MW-43006 19-3-NRAB-00003-150186

The Third Division consisted of the regular members and in addition Referee Kathryn A. VanDagens when award was rendered.

(Brotherhood of Maintenance of Way Employes Division (IBT Rail Conference

PARTIES TO DISPUTE: (

(Union Pacific Railroad Company (former Missouri Pacific Railroad Company)

STATEMENT OF CLAIM:

"Claim of the System Committee of the Brotherhood that:

(1) The Carrier violated the Agreement when it assigned Gang #3193 employe J. Solis Rios to perform overtime work installing switches on the Hump Yard Lead beginning at 5:00 P.M. on October 27, 2013 until 6:00 A.M. on October 28, 2013 instead of calling and assigning Gang #9145 member C. Spears (System File 521JF13/1595280 MPR).

(2) The claim* referenced in Part (1) above, as filed by Vice Chairman

J. Finch on November 14, 2013 to Mr. C. Bogenreif shall now be allowed as presented because the claim was not disallowed in accordance with Rule 23(a).

(3) As a consequence of the violations referred to in Parts (1) and/or (2) above, Claimant C. Spears shall be compensated for thirteen (13) hours at his applicable overtime rate of pay.

*The initial letter of claim will be reproduced within our initial submission." Form 1 Page 2

Award No. 43539 Docket No. MW-43006 19-3-NRAB-00003-150186 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.

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

At the hearing the Board was informed that the matter was settled on the property and therefore the claim should be dismissed.

AWARD

Claim dismissed.

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 27th day of March 2019.