Form 1 NATIONAL I?ATLROAD ADJU STHEI3T BOARD Award No. 7624
SECOND DIVISION Docket No. 712+
2-11P-CM-' 78

The Second Division consisted of the regular members and in addition Referee Robert G. Williams when award was rendered.

( System Federation No. 2, Railway Employes'

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

Parties to Dispute: ( (Carmen)

( Missouri Pacific Railroad Company

Dispute: Claim of Tmployes:

1. That the Missouri Pacific Railroad Company violated the controlling agreement, particularly Rules ~.(d) and 8, rTortli Little Rock, Arkansas, when Carman C. V. Kita, v-as assigned to perform overtime work in addition to what he was originally called to pex'for~.z on October 28, 1974, thereby depriving Carman R. Fi. Davidson of his right to ozrert:~_me on that date (October 28, 1~a74).

2. That accord;_nl,

~r, the Missouri Pacific Railroad Company be ordered. to compensate Carman ri. I3. Davidson in the anount of six hours (6' ) at punitive rate for Octa:,er 28, 1974, as he was first out and available for call on this date.

Findings:

The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers arid the employe. or emr.·.loyes involved in this dispute are x°espect:ively carrier and employe witli-ln the meaning of the Railway Labor Act as approved June 21, 193+.

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

Parties to said dispute waived rig:a of appearance at hearing thereon.

The issue in this case i s swhether T:ul e 8 requir:inf, the equal distribution

of ovcrtiT::::' was violated when the Chir-:,,ant was not called for certain
overLimo worT~ on October a_'8, 1~7Tj-. This Board has held in numeruas awards
that such r1~1_es arc .1s- -
equally over a reasonable period of ti-ire. An isolated incident does riot
substantiate a clai:a. A valid c:i..ai.m must be based on a rcasonable period
of tine whcn ovE~:rt ~_.__e has not been dist;°ibui;eo. eoually. Even if the clairr:atrt
was entitle-A to v'me vrork in this case, xva ha.s rot sTZOZ-Tn that the Carrier has
failed to equalize overtime over a, reasoruablc~ period o' time. The claim
therefore rail-It be denied.
Form 1
Page 2

Claim denied.

Attest: Executive Secretary
National Railroad Adjustment Board

AwARn

Award PTo. 7624
Docket NO. 7124
2-MP-CM-'78

NATIONAL RAILROAD ADJUST ,IETvTT BOARD
By Order of Second Division

`r`~l~semarie Bra,sch - h c.;r~W~cr`a,-tv~ T'.:,s'iste,nt

Dated at Chicago, Illinois, this 31st day of July, L978.