Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 45308 Docket No. MW-47703
24-3-NRAB-00003-221132
The Third Division consisted of the regular members and in addition Referee Erica Tener when award was rendered.
(Brotherhood of Maintenance of Way Employes Division – (IBT Rail Conference
(Springfield Terminal Railway Company STATEMENT OF CLAIM:
“Claim of the System Committee of the Brotherhood that:
The Agreement was violated when the Carrier wrongfully force assigned Electric Welder K. Schneider to work overtime in conjunction with derailment repairs in the East Deerfield Yard near Mile Post 384, on September 7 through 2:00 A.M. September 8, 2021, without first fully exhausting the terms of Article 10.4(a-d) and exhausting all qualified employes in inverse seniority order as required in Article 10.4(e) (System File S-2110P-104/MW-22-01 STR).
As a consequence of the violation referred to in Part (1) above, Claimant K. Schneider shall now be compensated five hundred dollars ($500.00) penalty due to the Carrier’s wrongful force assignment of overtime work.
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. 45308
Page 2 Docket No. MW-47703
24-3-NRAB-00003-221132
Parties to said dispute were given due notice of hearing thereon.
Prior to oral argument with respect to this case, the parties agreed that the listed claim had been settled on the property. Consequently, this case shall be dismissed.
Claim dismissed.
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 29th day of August 2024.