Form 1 NATIONAL RAILROAD AD,TUST7ENT BMRD Award No.
8163
SECOND DIVISION Docket No. 7928
2-D&RGW-Ci:-' 'i9
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 10, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties -to Dispute: ( (Carmen)
(
( Denver and Rio Grande Western Railroad Company
Dispute: Claim of Emoloyes
1. That the Denver & Rio Grande ";Jestern Railroad Company violated the
controlling agreement ;Then Carman 11. A. Gant ~sas bypassed for overtime work on July 25, 1976 (his second rest day), at :7hich tires he
was second out on the overtime board, due to having :=rorked a lesser
number of hours.
2. That accordingly, Carman H. A. Gant be compensated in the amount of
four (4) hours' pay at the double
time
rate.
Findings
The Second Division of the Ad just,-nent 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.
This claim is based on an alleged violation of Rule b(b) which claim
resulted when on July 25, 1976 the carrier called one other than the claimant
to perform overtime work.
Form 1 Award No.
8163
page 2 Docket No. 7928
2-D&RGN-CM-' 79
The claimant has taken the position that the carrier must follow the
order of
the
overtime list when assigning overtime.
We do
not agree.
A violation of Rule 8(b) can be made out only by a showing that overtime
was not assigned "with the purpose in view of distributing the overtime
equally". This requires more than was shovm in this case.
A W A R --D
Claim denied.
NATIONAL RAILROAD ADJUSTIENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment
Board
By1..<..~ i ~'
`f1'osemarie
Brasch - Administrative
Assistant
Dated at
Chicago, Illinois,
this 14th day of November,
1979.