Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10113
SECOND DIVISION Docket No. 9650
2-CofG-CM-'84
The Second Division consisted of the regular members and in
addition Referee David Dolnick when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
( Central of Georgia Railroad Company
Dispute: Claim of Employes:
1. That under the current Agreement the Carrier violated Rule 10 when it
failed to call Carmen William Swanson, H. T. Thompson and C. E. Kynard
for overtime on August 28 and August 29, 1980:
2. That the Carrier be ordered to pay Carman William Swanson eight (8)
hours' pay at the rate of time and one-half for August 28, 1980 and
Carmen H. T. Thompson and C. E. Kynard, eight (8) hours' pay each at
the rate of time and one-half for August 29, 1980.
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 employes 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 were given due notice of hearing thereon.
Carrier operates a car repair facility at Columbus, Georgia and employs carmen
to perform work within their craft. The Columbus, Georgia facility received a
report on August 24, 1980, that L & N car 193600 set out at Carrollton, Georgia
needed a different pair of wheels. On August 28, Carman A. L. Wynn.was sent from
Columbus to Carrollton to install the wheels on L & N Car 193600. From Carrollton,
Wynn went to White Sulphur Springs, Georgia to repair a train-line on San-314159 that
was set out on August 25, 1980 and reported to the Columbus Shop in the morning of
August 26, 1980. Wynn left Columbus Shop on August 28 at 7:30 A.M. and returned
at 8:30 P.M. He earned five and one-half (511) hours overtime. On that date, Wynn
had earned and was paid for 168k overtime hours from January 1 to August-28, 1980.
For the same period, the Claimant, Swanson earned and was paid for 66% overtime
hours.
On August 29, 1980, Carmen Wynn and Duvall were sent from Columbus, Georgia
to Gold Ridge, Alabama to install two pair of wheels in NATX 71200. From.there
they were sent to Kellyton, Alabama to book some 84 cars, then North Dadeville,
Alabama to book 98 more cars and then to Opelika, Alabama to repair 6 cars at
Uniroyal Tire Company. Wynn and Duvall left Columbus, Georgia on August 29th at
7:30 A.M. and returned at 10:30 P.M. Each of them earned seven and one-half
(71) hours overtime. The overtime board showed that Wynn had already earned and.
Form 1 Award No. 10113
Page 2 Docket No. 9650
2-CofG-CM-'84
was paid for 168k overtime hours and Duvall had earned and was paid for 151 3/4
overtime hours. At the same time, Claimant T. Thompson had earned and was paid
for 73 3/4 overtime hours and Claimant Kynard had earned and was paid for 71
overtime hours.
At that time Wynn and Duvall were regularly scheduled for the first shift
while the Claimants, Swanson, Thompson and Kynard were all scheduled for the second
shift.
Employes contend that the Carrier violated Rule 10 by permitting such a
disparity of overtime hours to accrue to Wynn and Duvall in relation to the
overtime hours accrued to each of the Claimants during the same time period. The
pertinent language in Rule 10 reads as follows:
"When it becomes necessary for employees covered by this agreement
to work overtime, they shall not be laid off during regular working
hours to equalize the time.
Record will be kept of overtime worked and men called with the purpose
in view of distributing the overtime as equally as possible consistent
with forty (40) hour week rules."
We agree with the Carrier that generally, when a road trip becomes necessary,
it may not have advance knowledge of the time required to complete the work and
that the assigned employes will work beyond their regularly scheduled eight (8)
hours. But here Carrier knew on August 24, 1980 that L & N car 193600 was set out
at Carrollton, Georgia and that repairs were required. The Carrier certainly
should have known that carman Wynn had already accumulated 1684 overtime hours.
Even though Wynn earned 52 hours overtime on August 28, 1980 in addition to his
168k accumulated overtime hours they again sent him out on a road trip on August
29, 1980 wherein he earned additional 7% overtime hours. Similarly, the Carrier
knew on August 29, 1980 that Duvall had accumulated 151 3/4 hours. Carrier knew
on August 28 and 29, 1980 that the disparity of accumulated overtime hours between
Wynn, Duvall and each of the three Claimants was of such unconscionable disparity
that it should have been alert to the fact that overtime was not distributed as
equally as possible consistent with the forty (40) hour week rules.
Equalization of overtime under Article 10 is not confined to employes within
each shift. Where employes on the first shift, as here, accumulate more than
twice the overtime hours than those accumulated by employes on the second shift,
it becomes the duty and indeed the obligation of the Carrier to make every effort
to permit overtime to be earned by the employes on the second shift so that an
effort of equalization is apparent. There is no evidence that the Carrier even
attempted any reasonable effort to do so.
Each of the Claimants worked and were paid eight (8) straight time hours on
their respective dates of August 28 and 29, 1980. There is no rule or practice
which entitles each of them an additional eight (8) hours pay at the overtime rate
for the overtime hours worked by those assigned to work on August 28 and 29, 1980.
Thus, Claimant Swanson shall be paid for five and one-half (511) hours at the
applicable overtime rate of pay for August 28, 1980 and Claimants Thompson and
Kynard shall each be paid for seven and one-half (7%) hours at the applicable
overtime rate of pay for August 29, 1980.
Form 1
Page 3
Attest:
Award No. 10113
Docket No. 9650
2-CofG-CM-'84
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Executive Secretary
Dated at Chicago, Illinois, this
10th day of October, 1984