Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Avard No. 87113
SECOND DIVISION Docket No. 7929
2-D&RGW-CM-'81
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada

(

( Denver and Rio Grande Western Railroad Company

Dispute: Claim of Employes:

1. That the Denver & Rio Grande Western Railroad Company violated the controlling agreement when Carman J. M. Campbell was bypassed for overtime work on July 26, 1976 (his second rest day), at which time he was third out on the overtime board due to having worked a lesser number of hours.

2. That accordingly, he be compensated in the amount of eight (8) hours' pay at the double time rate.

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 waived right of appearance at hearing thereon.

This claim is based on an alleged violation of Rule 8(b) which claim resulted when on July 26, 1976, the carrier called one other than the claimant to perform overtime work.

The claimant has takenfhe position that the carrier must follow the order of the overtime list when assigning overtime. We do nct 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 shown in this case.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Boar

By c.,. r',
Rdsemarie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 26th day of August, 1981.