Pariie s' to Dispute

(Advance copy. The usual printed copies will be sent later.)

RATIORAL RAILs'IQAD AWMMM HOARD Ard loo. 6416
SECOND DIVISION Docket 16o. 6242
.. 2-SCL-CX-' 73

. .. The Second Division consisted of the, reguar-';embers and in
' . : addition Referee Irving R. Shapiro Vheii Ad -'ns'rendered.

System Federation No. ~+2~ Rd~£wa~rployes' _ _ : fiats A. Fo ` of -L: '~=' ' 0I. ' O: (fin) , : ' - _ . , .

Seaboard Coast Line Railroad Co9any

Digute: Cl8fm of· O~yeB'.,

That under the current applicabl4at the Carrier

violated the current working agreement when Engine Carpenter., -L. F. Scotty was held on duty bey6aid his regular working hours .:for. one and one, half (lj) v hours. °~. ;' `°

2. That accordingly the Carrier be ordered to compensate Engine

.

- .: Carpenter' R. 8. Denson four ( 4 ) '-hours at straight time rate of pay,

The. Second Division of the Adjustment ~-BOaTd~ ixpad the whole record and 811 the evidence, finds that:

. r s.' :: ~ "-' ~_. .. - .

The crier or carriers and the earcloye or employes involved in this dispute are repsectively carrier and employe within the meaning of the RailWay Labor Act as approved June 21' 193+.

This Division of the Adjustment Board has jurisdiction aver the dispute involved herein.

Parties to said dispute waived right of appearance at hearing therein.

From the evidence of record.. we do not_ find that my-of t_ he_ rules

cited by the Employes support their claim.

The Employes cite a Letter of Understanding dated August 10.. 1962 between Carrier's General Master Mechanic and the General airman which relates to' the application and interpretation of Rules 1, 59 %Jnd g.' : -.. ... .

"It is agreed that when it is foreseen that the time involved to finish a particular job,, or complete an inspection of a particular train will exceed two thirds of an hour., except where an emergencjF $rises over which we have no control., we will respect the overtime board in placing men for such work."

Form 1
Page 2

The Seaboard Air Lane Railroad sad Atlantic Coast Lane Railroad merged ef'fec4yb July l,v 1967 to become the Seaboard Coast Line Railroad. The two Agreements In effect at the babe of the merger were consolidated into one agreement, effective January 1, 1968. The letter of August 10, 1962 tins not ia_ eluded in the now agreareatp Hovever, the parties did agree on how overtime would be distributed end hang it would be handled -in a Letter of Understandings Appendix IV t0 the A~e~'t.:

"In the application of Overtime is Agreement between the Seaboard Coast Lane Railroad eompan3r end your respective Organizations, it is understood sad agreed that the following procedure x111 be followed:

"Me organizations, with the cooperation of

the local management, will keep record of all overtime worked, and when it is necessary wto calf. or notify employees for overtime the distribution of overtime will be handled through mutual agreement between the local . committee and the local supervisor."

Award loo. 6416
Docket loo. 622
2-SCL-CK-173

i$e4_etb~rV, this is a matter. that can only be settled by the proce(

of negotiation on the property, not by an Award of this Baurd. We find that the claim should be..41MIssed.

C3.siu dismissed.

Attest:

A W A R D

Executive Secretary

NATIONAL RAILROAD AliTUSBOARD .By Order of Second Division

Dated at Chicago,, IlLinpis this, 3rd day of Januarys 1973.