Form 1 NATIONAL RAILROAD ADJUSTP,1ENT BOARD Award No.
6819
SECOND DIVISION Docket No.
6660
2-SCL-CM-'75
The Second Division consisted of the regular members and in
addition Referee Robert M. O'Brien when award was rendered.
System Federation No.
42,
Railway Employes'
Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That on May
5, 1972
Car Inspectors A. H. Walters and S. C.
Bodiford were removed from their regular assignment on Savannah
Yard and were required to go to Southover Yard to work, at
approximately
9: 30 A. M.
2. Therefore, it is requested that the Carrier be ordered to
compensate Carmen E. R. Tuten and D. F. Phillips two
(2)
hours
and forty (40) minutes at overtime rate, they were first out
for overtime at Southover Yard.
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 waived right of appearance at hearing
thereon.
The facts giving rise to the instant claim are not in dispute. On
May 5,
1972
Car Inspectors A. H. Walters and S. C. Bodiford were sent frcm
Savannah Yard where trey are regularly assigned to perform work at
Southover Yard. it is Petitioner's contention that claimants were off
duty Car Inspectors on.this date and they should have been called from tr:e
overtime board for this work at Southover Yard. We are unable to agree
with Petitioner in this regard however.
Carmen and Carmen-Inspectors at Savannah Yard and Southover Yard are:
on a common seniority roster. After Car Inspectors Walters·and Bodiford
completed the work at Southover Yard they returned to Savannah Yard and
completed their tour of duty there. The work in question was performed
by them during their regular hours and did not involve any overtime. There
is nothing in the applicable Agreement prohibiting on-duty employes at
Form 1 Award No.
681,9
Page 2 Docket No. 6660
2-sCZ-CM-T75
Savannah Yard.performing work at Southover Yard. to expedite the work at
that location as was done here. The work was in the same seniority district
and Carrier was not precluded from using Car Inspectors from Savannah Yard
to perform it.
A review of the record fails to indicate that a vacancy existed at
Southover Yard as referred to in Section
6
of the Memorandum of Agreement
dated March 28, 1968. Finding no contractual support for the claim this
Board concludes that it must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
os Br - Administrative Assistant
Datdat Chicago, Illinois, this 21st day of February, 1975.