(Advance
Copy.
The usual printed. copies will b:.- sent later.)
Form 1 NATIOPIAL
RAILROAD ADJUSTMENT BOARD Award No.
6420
SECOND DIVISION Docket No.
6264
2-SLSw-CM-'73
The Second Division consisted of the regular members and. in
addition Referee Irving R. Shapiro when airard was rendered.
( System Federation No.
45,
Railway Employes'
( DepartmentDepartment. A. F. of L. - C. 1. 0.
Parties to Dispute: ( (Carmen)
(
( St. Louis Southw-stern Railway Company
Dispute: Claim of Employes:
1. That Carrier willfully violated rules of the current controlling
agreement on December 17,
1970,
when Rip Track Carman R. E. Spencer
was denied his right to work on the Rip Track at Shreveport,
Louisiana.
2. That the Carrier th=refnre be ordered to make whole by compensating the
claimant in the amount of eight
(8)
hours_ at the double time rate.
Findings:
I
The Second: Division of the Adjustment Board, upon the whole record and a:Ll
the evidence,finds that: '
The carrier or carriers and the employe or employes involved
in
this dispute
are respectively carrier and employe 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.
Parties to- said dispute waived right of appearance at hearing thereon.
Carrier moves to dismiss this claim on the ground that Petitioner made no
reference to a Rule in the controlling agreement allegedly violated by it when -the
matter was progressed. on the property. Petitioner claims that it did in fact cite
Rules
8
and 20 at conferences conducted between representatives of the parties prior
to submission to this Board. Although it is preferred., in order to obviate argument
as to the validity of statements concerning proper procedure, that the record of'
procedure below clearly indicate that the specific Rules invoked by Petitioner-were
duly raised, we will accept Petitioners avermont that the -requirement was satisfied
by its oral presentation
on
the property.
'1
This claim involves an alleged deprivation of overtime work opportunity.
Claimant, who had worked his first rest day of his regular work ;peek, was not called
out_t o work on his second rest day. Another Carman, who had not worked his first
Form 1 award ,io. 642()
Page 2 Docket
uo. 6264
2-sLSW-CM-'
73
rest day was called. in for the work. Petitioner asserts that the. existence of two
overtime boards at the location, one for Rip Track Carmen and. another for Yard
Carmn, compels carrier to utilize men from each list for services needed outside
their assigned. hours in the particular part of the shop referred to by such lists.
There appears to be no basis for a finding that Rule 20 was violated by the
Carrier. The record includes a seniority list of all the Carmen at the location
and both employes are listed thereon.
Rule 8-2 states, "Record will be kept of overtime worked and men called with
the purpose in view of distributing overtime equally".
It is apparent that the establishment and maintenance of separate overtime
boards for groupings within one classification is supplementary to the Rule. It is
further recognized that implementation of such variations from the specific terms
thereof, differ from place to place. The record herein fails to disclose the precise manner in which the two overtime boards were used or to be used in the
circumstances prevailing on December 17, 1970.
Petitioner put the following question,."...why or for what purpose were the
two overtime boards established", and we ask the same. It is incumbent upon
Petitioner to prove by probative evidence a violation of a Rule of the controlling
agreement or the manner in which same has been applied by the parties.. This has
not been done herein.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD .
By Order of Second Division
Attest:
Executive Secretary
Dated at Chicago, Illinois, this 3rd day of January, 1973.