Fogy 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9098
SECOND DIVISION Docket No. 9335
2-SPT-CM-'82
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That the Southern Pacific Transportation Company (Texas and Louisiana
Lines) violated the controlling agreement, particularly Rules 8 and 28,
when they denied Carman L. J. Gautresux his right to work overtime and
sent carmen from the Houston, Texas Seniority District to perform
carmen`s work in the Lafayette Division, Lafayette, Louisiana, on
March 21-22-23-24-25-26, 1980.
2. That accordingly the Southern Pacific Transportation Company be ordered
to compensate Carman L. J. Gautreaux as follows:
March 21, 1980
- 8
hours at overtime rate from 7AM to 3PM;
March 22, - 8 hours at overtime rate from 7AM to 3PM;
March 23, - 4 hours at overtime rate from 3PM to 7PM;
March 24, 1980 - 4 hours at overtime rate from 3PM to 7PM;
March 25, - 3 hours at overtime rate from 3PM to 6PM;
March 26, - 4 hours at overtime rate from 3PM to 7PM.
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 aver the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Organization brings this claim on behalf of a carman employed at
Lafayette, Louisiana in the Lafayette Division. According to the Organization,
the Carrier violated Rules 8 and 28 of the applicable agreement when it assigned
carmen from the Houston, Texas Division to perform carmen's work at Lafayette
without first calling Claimant to perform overtime work. Claimant seeks thirtyone hours of pay at the premium rate for six days in March, 1980. The Carrier
admits that ten carmen from Houston went to Lafayette on the dates in controversy
to assist in repairing bad order cars. A heavy backlog of bad order cars had
developed at Lafayette. The Carrier, though, contends it was not required under
Rules
8
or 28 or any other rule to call Claimant who had voluntarily opted to keep his
name off the two overtime boards maintained at the Lafayette train yard and repair
track.
Form I Award No.
9098
Page 2 Docket No.
9335
2-SPT-CM-'82
The Carrier also alleges that this claim progressed to this Board is
substantially different from the claim handled on the property and thus, this
claim must be dismissed for lack of jurisdiction. In its Notice of Intent to
file an ex pane submission, the organization seeks more compensation for Claimant
than was requested on the property. However, the Organization's submission to
this Board asks for the same remedy as contained in the initial claim on the
property. The minor discrepancy in the amount of compensation requested appears
to have resulted from clerical inadvertence. Thus, there has been no substantive
change in the claim and we may address the merits.
In this case Claimant has conceded that, on the dates in question, his name
did not appear on the overtime boards. Indeed, he did not want his name listed
on the overtime boards so he would not be called to pexform additional service
during the night. There is no obligation on the Carrier to call a worker whose
name is omitted, consistent with the employee's desire, from the overtime board.
If Claimant wanted to be tailed for overtime work, he should have followed the
recognized procedure for adding his name to the overtime boards. Claimant's
voluntary election to keep his name off the overtime boards precludes him from
asserting the instant claim. '
A W A R D
Claim denied.
NATIONAL RAIIR.OAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
rie Brasch - Administrative Assistant
Dated Chicago, Illinois, this 19th day of May, 1982.