Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 6891
SECOND DIVISION Docket No. 6801
2-BNI-CM-'75

The Second Division consisted of the regular members and in addition Referee Irwin M. Lieberman when award was rendered.

( System Federation No. 7, Railway Employes'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (Carmen)
(
(Burlington 'Northern Inc.-

Dispute: Claim of Employe s:

1. That the Carrier violated the current Agreement particularly

Rule 8, Memo 29 (Rev.) and Appendix "K" when they failed to

properly call Superior Cayman C. Swanson for overtime from

the proper shift overtime call list July 1, 1973.

' 2. That accordingly the Carrier be ordered to compensate Cayman
C. Swanson in the amount of sixteen (16) hours at the pro rata
rate for his class for July 1, 1973.
Findings:
The Second Division of the Adjustment Board, upon the whole record
f° 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, 193+. l

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

i Parties to said dispute waived right of appearance at hearing
thereon:
Claimant herein was employed as a Cayman on the Third Shift, Superior
Train Yard, with rest days of Saturday and Sunday. He worked all the
hours of his regular workweek ending Friday June 29, 1973 and also
worked his first rest day, Saturday, June 30th. Carrier had a vacancy
on the Third Shift Sunday, July 1, 1973 for a Cayman. Carrier, after
attempting to reach several employees on the third shift overtime board,
called an employee from the second shift overtime board, who worked the
vacancy. Claimant was not called, giving rise to this dispute.
Rule 8 (b) of the Agreement provides in pertinent part:
i
"(b) Overtime will be distributed to employees on each shift .
by establishment of an overtime call list on each shift
w,

in accordance with their qualifications, and employees

a

Form 1 Award No. 6$91

Page 2 Docket No. 6801

2-BNI-CM-'75

"thereon will be used for overtime work in such

rotation as to equally distribute it among them ...."

Paragraph B of Memorandum of Agreement dated February 15, 1955 (revised) provides:

"B. Employes for overtime service will be obtained first by calling the employes on the overtime call list who are on rest days on the shift involved. Additional employes, if needed, will be called first from the overtime list of the preceding shift; and if still more employes are needed, they will be called from the overtime list of the following shift."

Carrier explained, inter alia, that since Claimant had already worked his first rest day at time and one-half and no one else was available at other than double time, it called a carman from the preceding shift who could perform the work at time and one-half. This was deemed to be a purely business decision which was management's prerogative.

The issue herein has been before this Board on numerous occasions. Recently the identical issue, involving the same parties and agreements, was decided by this Board in Awards 6843 arid 6870. We, in reaffirming those Awards, find that the: language of Rule 8 (b) is clear and unambiguous and that overtime call lists and equalization are on a shift basis.

Cl In sustaining this claim we shall award pro rata pay only for work
_ not performed, as was done in Award 6843 (also see Awards 6559, 6613 and

6836 among others.

A W A R D

Claim,sustained; Claimant will be compensated at the straight time rate.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

Attest: Executive Secretary

National Railroad Adjustment Board

emarie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 31st day of July, 1975.

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