Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
9305
SECOND DIVISION Docket No.
92+6
2-N&W-SM-'82
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Sheet Metal Workers' International Association
Parties to Dispute:
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That under the provisions of the current agreement Sheet Metal Worker,
H. Turner was unjustly dealt with and the terms of the agreement were
violated when the Carrier refused to assign the above his rightful
turn of overtime on November 10,
1979.
2. That accordingly, the Carrier be ordered to additionally compensate
Sheet Metal Worker, H. Turner for eight hours at the time and one half
rate for this occurred violation on the referred to date.
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
Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant H. Turner is a Sheetmetal Worker employed at Carrier's Brewster
Locomotive Shop. He was assigned to the second shift and was also the Local
Chairman. On November 10,
1979
Carrier had reason to require a man to work
overtime. Carrier utilized Sheetmetal Worker Bailey for the assignment. Claimant
contends that he was first out on the overtime list and that he should have been
called to take the assignment. The Organization contends that Carrier's action
in this instance was a violation of Rule
3
of the Schedule Agreement and that
Claimant should be paid eight hours at the punitive rate.
"RULE
8
ABSORBING OVERTIME
When it becomes necessary for employees to work overtime, they
shall not be laid off during regular working hours to equalize
the time. It will be the purpose to distribute overtime as
equally as practicable consistent with the availability of
the employees for the service requirements; PROVIDED, however,
that time worked on Sunday and paid for as a regular work day
shall not be overtime and may be worked on consecutive Sundays."
Form 1 Award No,
9305
Page
2
Docket No.
9246
2-N&W-SM-'82
Carrier contends that Claimant had an unlisted telephone number not available
to it and that he could not be contacted. Carrier therefore assigned the work to
Bailey. It also contends that Rule
3
does not require calling men for overtime on
a first-out basis. It only requires that overtime be distributed on an equitable
basis over a period of time, rather than on a daily basis.
This Board has been required on numerous occasions to review identical
cases to the one presented here, that is, where the first man on the overtime
list was not used on an
assignment. We
have consistently ruled that an overtime
clause such as Rule
3
does not require Carrier to assign overtime on a first-out
basis. It only requires that Carrier distribute overtime on an equitable basis.
We have also required that Claimants must demonstrate that unequal distribution
of overtime was the result of Carrier's action before a claim can be sustained.
(See Second Division Awards
8065,
6+20,
6613,
and
762+.)
No such showing is contained in the record before us. Consequently, this
claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
l~-f-c~
....
y~emarie Brasch - Administrative Assistant
Dated L/at Chicago, Illinois, this 22nd day of September,
1882.