Form 1                 NATIONAL RAILROAD ADJUSTMENT BOARD

THIRD DIVISION

Award No. 43880 Docket No. SG-45243 19-3-NRAB-00003-190010

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 J.S. Wineteer, for compensation for all lost time, including overtime and with benefits unimpaired from July 14, 2017, continuing until he is properly recalled from furlough, account Carrier violated the current Signalmen’s Agreement particularly Rule 47, when on July 14, 2017, it improperly assigned an employee junior in seniority to the Claimant to Job Bulletin Z1S51601, without first recalling the Claimant from his furlough status. Carrier's File No. 1691737. General Chairman's File No. N 0125. BRS File Case No. 15949-UP. NMB Code No. 117."

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 1                                                                                          Award No. 43880

Page 2                                                                                    Docket No. SG-45243

19-3-NRAB-00003-190010

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

Following presentation to the Board, the case was resolved jointly by the parties. 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.