Form
1
NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7143
SECOND DIVISION Docket No.
69!x0
2-SOO-CM-'76
The Second Division consisted of the regular members and in
addition Referee Joseph A. S ick?.ewreta award was rendered.
( System Federation No. 7, Railway Employes'
Department, A. F, of L. - C. I. 0.
Parties to Dispute; ( (Cax7nen)
Dispute: Claim of
Employes;
( Soo Line Railroad Company
1. That the Soo Line Railway Company arbitrarily would not allow
Carmen Louis Holz and Albert Holz to work at the North Fond du Lac,
Car Shop on Saturday, November
24, 1973.
2. That accordingly the Carrier be ordered to compensate Ca,xmen
Louis Holz and Albert Holz eight
(8)
hours' time and ore-half pay.
Findings:
The Second Division of the Adjustment hoard, 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, 193..
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 Claimants were assigned to the x+:00 p.m. to
12:30
a.m. shift
its
the
Car Shop; Mondays through Fridays. They both assert that Carrier acted in
an arbitrary manner in not allowing them to perform work, at overtime caters,
on Saturday November
24, 19733
and they claim compensation for eight
(8)
hours at time and one-half (12).
Our review of the record in this dispute demonstrates that the
Claimants left work early on the preceeding Friday in order to go deer
hunting. At that time, they were specifically advised that they would not,
be considered as available for overtime work on the next day (claim date).
Moreover, we are unable to discover any compelling evidence to indicate that,
in fact, the claimants were available to work on November
24, 1973.
Form 1
Page 2
Award No.
71+3
Docket No.
6990
2-S00-CM-'76
In arty event, we are unable to find any showing of record that Carrier
violated the agreed upon distributiozi of overtime rules, and we will deny
the claim.
AWARD
Claim denied.
Attest: Executive Secretary
National Railroad AdJustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
',
40
semarle Branch - Administrative Assigta-~
Dated at Chicago, Illinois, th~s 15th day of
October, 1976.