NATIONAL MEDIATION BOARD, ADMINISTRATOR SPECIAL BOARD OF ADJUSTMENT NO. 957 In the Matter of the Arbitration -between-

Brotherhood of Maintenance of OPINION AND AWARD
Way Employes Award No. 271
-and-

Southeastern Pennsylvania
Transportation Authority

In accordance with the agreement In effect between the above-named parties, the Undersigned was designated as the

__.-Ch,ai~an-..and-N2ut-r~-I member-of-the--SE-RTA----BMWE- Pu-bl-i-c-Law--Boar-.(the Board) to hear and decide the following claim:

1. The Carrier violated the Agreement when it failed

to call Track General Helper Thomas Garman for

overtime service on Saturday, January 17, 2004

(Grievance 04-075-F12).

2. As a consequence of the violation referred to in

Part (1) above, Mr. Garman shall be allowed eight

(8) hours' pay at his applicable time and one-half

rate of pay.

A hearing was held in Philadelphia, Pennsylvania on June 26, 2007 at which time the representatives of the parties appeared. All concerned were afforded a full opportunity to offer evidence and argument and to examine and cross-examine witnesses consistent with the relevant procedures that exist between the parties. The Board met in Executive Session after the hearing. FINDINGS OF FACT AND OPINION OF THE BOARD

The record indicates that the present dispute arose due to the alleged failure of the Carrier to offer an overtime assignment to the Claimant for January 17, 2004. The Carrier 1

584 ,u~ ~ L ?5-2 denied that any violation of the Agreement had occurred because
the Claimant allegedly had refused to work overtime on January
16, 2004 and therefore the Carrier in good faith had believed
that the Claimant had remained unavailable to work overtime on
January 17, 2004. The organization challenged this action by the
Carrier. The Carrier denied that any violation had occurred.
The parties failed to resolve the matter during the preliminary
steps of the grievance procedure. The dispute proceeded to
arbitration for a final and binding determination.
During the hearing the parties indicated that they had agreed to settle the instant dispute. As a result, the Award shall indicate that the Claim is dismissed.
Accordingly, the Undersigned, duly designated as the Chairman and Neutral Member of the SEPTA-BMWE Public Law Board and having heard the proofs and allegations of the above-named parties, makes the following AWARD:

The Claim is dismissed in accordance with the Opinion of the Board.

Robert L. Do las

Chairman and Neutral Member

f ~~

William L pa T. rich
Employee Member 'er Member
concurring/Dissenting Concurring/Dissenting

DATED: 04 ~V 7

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