Form 1                 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43864 Docket No. SG-44670 20-3-NRAB-00003-180064

The Third Division consisted of the regular members and in addition Referee Paul Betts when award was rendered.

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (

(Union Pacific Railroad Company

STATEMENT OF CLAIM:

“Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the Union Pacific Railroad:

Claim on behalf of D.W. Alford, G.A. Motyka, S.M. Peart, J. Rios, M.O. Trotter, Sr., and D.B. Wright, for three and one-half (3.5) hours each at theirrespectiveovertimeratesofpay,accountCarrierviolatedthecurrent Signalmen’s Agreement, particularly the Scope Rule and Rule 65, when on September 29, 2016, it permitted a contractor, CDL Electric, to install Signal DAX cable from MP 31.99 to MP 32.43 on the Glidden Subdivision near Richman, Texas. Carrier, in assigning an outside contractor to perform this work, violated the parties’ Agreement and caused the Claimants a loss of work opportunity. Carrier's File No. 1674820. General Chairman's File No. S-SR, 65-1600. BRS File Case No. 15801-UP.”

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. Form 1                                                                                          Award No. 43864

Page 2                                                                                    Docket No. SG-44670

20-3-NRAB-00003-180064

At the commencement of the hearing, the parties advised the Board the case had been settled. As a result, the claim is dismissed.

AWARD

Claim dismissed.

ORDER

This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division

Dated at Chicago, Illinois, this 28th day of January 2020.