Form 1 NATIONAL RAILR= ADJUSTMENT BOARD Award No. 6658
SECOND DIVISION Docket No. 6483
2-LI-MA-' 74
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute-
The ( The Long Island Rail Road Company
Dispute: Claim of Employes:
That the Carrier violated the existing controlling agreement
when a Machinist was assigned to work overtime-on a position
which is
owned by award by another Machinist without giving
the incumbent an opportunity to work.
That, accordingly, the claimant, Machinist K. A. Morris, Jr.,
be compensated eight (8) hours at the punitive rate of pay for
work performed on his position by another Machinist ors November
10, 1971.
Findings:
The Second Division of the Adjustment Board, upon the whole
record and all 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 were given due notice of hearing thereon.
Claimant is the owner of a Machinist position on the Drop Pit
at Carrier's Morris Park Roundhouse while Machinist Kramer owns a
position in the Running Repair Department at Morris Park. On the
claim date Kramer was working overtime on locomotive 229 and when he
completed his work thereon Carrier used him to perform work on another
engine located on the drop pit. The Organization maintains that the
use of Kramer on overtime on the drop pit violated Rule 22 a s well as
paragraph (c) of the November 16, 1959 Agreement. Specifically,
they contend that pursuant to this latter Agreement a list of
Machinist Drop Pit Operators was posted advising who was to be
Form 1 Award No. 6658
Page 2 Docket No. 6483
. 2-LI-MA-' 74
called to work overtime on the drop pit, and, according to that
roster, claimant was scheduled to work overtime but Carrier used
Kramer instead. Paragraph (c) of the November 16, 1959 Agreement, the
Organization stresses, requires that the Local Committee will supply
the necessary employees to work overtime on a specific assignment
when so requested by the Supervisor in charge. They charge that such
was riot done in the case at bar.
Carrier, however, alleges that when Machinist Kramer completed
work on engine 229 it became necessary that work be performed on
another locomotive and since he was available he was assigned the
work. They contend that since Kramer was properly selected by the
Local Committee for the overtime work on engine 229, paragraph (d)
of the Agreement in question allowed it to use Kramer until relieved.
Nor, Carrier insists, has claimant been adversely affected by the
use of Kramer since the contract fails to designate any specific
period in which overtime must be equalized.
We are persuaded that when it was determined that work was
required on an engine on the drop pit such work constituted overtime
on a specified job as that term is used in paragraph (c) of the
November 16, 1959 Agreement requiring the Local Committee, after
notification by the Supervisor in charge, to arrange to supply the
necessary qualified employee to work thereon. Carrier failed to
comply therewith. Paragraph (d) of the same Agreement lends no
support to Carriers failure to comply with paragraph (c). The
Agreement must be read in its entirety and, as such, we construe
paragraph (d) to apply only to the "specified job" to which Kramer
was duly assigned. Thus Kramer could be required to complete work on
engine 229, to which he was duly assigned, or until relieved by Carrier
prior to completion thereof. To hold that Carrier could work an
employee on overtime on several distinct assignments would render
the term "specified job" in paragraph (c) null and void.
We are unable to find support in Carrier's contention that the
Organization failed to furnish it with the overtime records required
to be kept per the Agreement. The record is devoid of where such
request was made on the property by the Carrier and we are precluded
from entertaining such contention now. Finally, we have carefully
examined the Awards relied on by Carrier, particularly those
relative to distribution of overtime, and we find the Rules relied
upon therein clearly distinguishable from paragraph (c) of the
pertinent Agreement. Thus they are of no precedential value.
Form 1 Award No. 6658
Page 3 Docket No. 6483
2-LI-MA-174
A WA R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National
Railroad Adjustment Board
By:---L.~e~ cue.. _
osemarie Brasch - Administrative
Assistant
Dated at Chicago, Illinois, this 20th day of March, 1974.
I