Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9129
SECOND DIVISION Docket No. 8908
2-MP-CM-'82
The Second Division consiaed of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Rule 8 (b) of the
controlling Agreement when they used Carmen C. C. Garvin and A. J.
Zagalik to work overtime August 2, 1978, although both had excess
amount of overtime than did Carmen T. W. Jacobson and L.-M. Firuccia.
2. That the Missouri Pacific Railroad Company be ordered to compensate
Carmen T. W. Jacobson and L. M. Firuccia in the amount of five
(5)
and one-half
(.5)
hours at the punitive 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 aver the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The issue in this case is whether Rule 8(b) of the controlling agreement
was violated when Carrier used Carmen C. Garvin and A. Zagalik to work overtime
on August 2,
1978,
rather than Claimants T. Jacobson and L. Firuccia.
"Rule 8(b)
Record will be kept of overtime worked and men called
with the purpose in view of distributing the overtime
e ua y...
The record reveals that Garvin and Zagalik were on carrier's property, ready
to tie up for the day, when the call came in for the emergency road service to
rerail a diesel unit. Garvin and Zagali.k are regularly assigned to emergency
road service.
The Organization contends that Rule 8(b) required that Carrier allow Carmen,
Garvin and Zagalik to tie up and go home and to call Claimants in to rerail the
diesel unit because they were first out on the overtime board ahead of Garvin
and Zagalik. It also maintains that Garvin and Zagalik had received considerably
more overtime than had Claimants and that Rule 8(b) requires that overtime be
distributed on an equal basis.
Form 1
Page 2
Award No. 9129
Docket No. 8908
2-MP-CM-'82
This Board has addressed the first-in, first-out overtime issue and the
equal distribution of overtime (application of Rule 8(b)) in numerous awards
wherein similar claims to the one before us were denied. We see no basis on
which to deviate from the reasoning in those awards. See Second Division
Awards 6613 (Lieberman), 7621+ (Williams), 7897 (Weiss), and 8335 (LaRocco).
A W A R D
Claim denied.
Attest: Acting Executive Secretary
National Railroad Adjustment Board
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emarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 16th day of June, 1982.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division