PARTIES TO
 THE DISPUTE: Brotherhood of Maintenance of Way Employes
 Division - IBT Rail Conference
 VS.

ARBITRATOR: Gerald E. Wallin

 DECISION: Claim denied.

 STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

    I . The Agreement was violated when the Carrier failed to call and assign Mr.

        J. Colvin to perform overtime service [assist in the repair of broken rail at

        Eighth (8') Street, in Nashville, Tennessee, located within the Nashville

        Terminal Seniority District) and instead called and assigned junior employe

        C. Dowdy (System File 157730408/2009-034250).


    2. As a consequence of the violation in Part I above, Claimant J. Colvin shall

        be allowed eight (8) hours at his respective time and one-half rate of pay."


FINDINGS OF THE BOARD:

The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.


The instant dispute alleges an out-of-seniority work assignment that occurred on October 26, 2008. The claim and all appeals, however, only cited Rules 4 and I I in support of the alleged violation. However, neither of those rules establish a preference order for assigning overtime. Rule 4 explains how seniority is established and Rule I I describes the methods by which overtime is calculated.


Given the state of the record, we must fmd it to be insufficient to warrant a finding in the favor of the claimant.

w

      Public Law Board No. 7163 Award No. 6$

      Page 2

      AWARD:

      The Claim is denied.

      OmApa

      ` d<E. Watlin, Esq., Chairmw-


rEvanski,
 rganization Member
 Date:
          O' -'/l