Form 1 NATIONAL
RAILROAD ADJUSTMENT
BOARD Award No.
8373
SECOND DIVISION Docket No. 8012
2-P&$R-Chi- 18o
The Second Division consisted of the regular members and in
addition Referee Wesley A. Wildman when award was rendered.
( System Federation No,
4,
Railway Employes,
Department., A. F. of L. - C. 1. 0.
Parties to Dispute: ( (Carmen)
(
( Patapsco and Back Rivers Railway Company
Dispute: Claim of Employer:
No, 1, That under the current Agreement on the Patapsco and Back Rivers
Railroad, Sparrows Point, Maryland, the Carrier arbitrarily scheduled
carmen to stork a shift in Gray's Yard with hours of 10:00 A.4M. to
6:00
P.M., such shift covering job referred to herein as Job A-1,
formerly a regular 7:00 A.M. to 3:00 P.M. shift job.
No. 2,
That the Carrier changed the shift starting time contrary to the
Controlling
Agreement, and
without the approval of the committee.
No.
3,
That accordingly the Carrier be ordered to compensate the following
claimants at the time and one-half rate of pay: three
(3)
hours each
carma,n covering the duration of August
2, 1978
through August
27,
1978
and a repetition of same for the duration of this claim: Carmen:
T. Turf, A, Crews, M. Long, R. Nash., D. Mentzer., S. Campbell, E.
SiegPorth, D. Mathews, C. CoL7..ey, D. Beady,, Zacharko, D, Mentzer.,
R, Nash, S, Campbell, D, Mathews., D. Beady, A, Crews, R. Nash,, C.
Colley, H. Coleman, and that the Carrier be ordered to re-establish
Job A-1 to it's original 7:00 A.M. to
3:00
P.M. status.
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, 193+.
This Division of the Adjuaurnent Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This is a companion case to that presented in Award
8372.
1h this case, the organization has asked additionally that some twenty (2t))
employees (Carmen) potentially eligible for overtime on the jobs covered by the;
10 a.m. to
6
p.m. shift which was the subject of dispute in Award No.
8372 ,
be paid three
(3)
hours each at overtime rates during the pendency of the 14 a_m.
to
6
p.m. shift. As we have already determined that the establishment by
Form 1
Page 2
Award No.
8373
Docket No, 8072
2-P&BR-CM-'
80
Carrier of the 10 a.m. to
6
p.m. shift was justifiable under the Agreement
language and circumstances prevailing, the claim for penalty overtime pay in
this case is obviously inappropriate and moot.
A WAR D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
BY
~R~semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 11th day of June,
1980,