Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7037
SECOND DIVISION Docket No. 6766
2-LI-EW-'76
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( System Federation No. 156, Railway Employes'
( Department, A.F.L. - C.I.O. - Electrical Workers
Parties to Dispute: ( (I.B.E.W. Local Union 589)
(
( The Long Island Rail Road Company
Dispute: Claim of Employes:
1. That the Long Island Railroad Company improperly deprived
Electrician Helper (Rotary Tender) J. Payne from working
overtime on Sunday, Monday and Tuesday, February 4, 5 and 6,
1973.
2. That, accordingly, the Long Island Railroad Company be
ordered to compensate J. Payne one hundred sixty-nine
dollars and ninety-two cents ($169.92).
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.
In this claim Rotary Tender J. Payne contends that the Agreement was
violated when Carrier did not use him at overtime rates to fill in for another
regularly assigned rotary tender who failed to show up for work on February 4_
5 and 6, 1973. Rather than fill the job a t overtime rates Carrier blanked the
job on the days in question. The record supports Carriers position that due to
automation and phasing out of rotary converters at the substation involved
there was no need for filling the position. Be that as it may, there is no
rule cited in the controlling Maintenance of Equipment Agreement which lends
support to this claim. There is no provision in any of the rules cited by the
Organization which requires Carrier to fill every temporary vacancy due to
absence. Accordingly, we find in this record no support for the claim and must
deny it. See Awards 1132, 3339, 6258 (Second) and 8345, 9967, 13162, 13175,
14252, 14699, 15471, 15568,-15633, 16799 and 17477 (Third). We also deem it
worth noting that material presented at pp. 6-14 of the Employes Rebuttal was
not raised on the property and may not properly be considered by the Board
for that reason.
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Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. 7037
Docket No. 6766
2-LI-EW-'76
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 13th day of April, 197b.