Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10985
SECOND DIVISION Docket No. 10935
2-SSR-CM-186
The Second Division consisted of the regular members and in
addition Referee Lamont E. Stallworth when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Seaboard System Railroad
Dispute: Claim of Employes:
1. That the Seaboard System Railroad Company, hereinafter referred
to as the Carrier, violated the Agreement, particularly but not limited to
Section 3 of Appendix B, when on May 1, 1983 Carmen M. R. Welch, J. H. Starks
and G. E. Hutton, hereinafter referred to as the Claimants, were relieved from
an assignment for which they were called from the overtime board and were not
allowed to complete the assignment when the work resumed the following day.
2. Accordingly, the Carrier should be ordered to compensate the
Claimants for the additional amount that they would have earned had they been
allowed to complete the assignment.
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 waived right of appearance at hearing thereon.
The instant dispute involves Appendix "B" Section 3 of the Agreement,
which states in pertinent part:
"Section 3.
"In submitting application for assignment to either
the Sunday-holiday or miscellaneous overtime board,
the Employee will protect whatever assignment his
turn on the overtime board calls for, if qualified."
Form 1 Award No. 10985
Page 2 Docket No. 10935
2-SSR-CM-'86
The basic facts are undisputed. On Sunday, May 1, 1983, the Claimants were called at 5:00 A.M. from the Radnor Shop Miscellaneous Overtime
Board to perform ground work for an outside Contractor (Steel City Crane Service) from Birmingham, Alabama to assist the Carriers Radnor Wrecker in cleaning a ten (10) car derailment about three miles outside of the Shop.
At 5:00 P.M. the same date, Claimants were released when the contractor suspended operations for the day; they returned to Radnor Shops, their
home station and off-duty point and their names were rotated to the bottom of
the Overtime Board.
When the Contractor resumed work at 5:30 A.M. on May 2, 1983, a new
crew was called to work from the Radnor Shop Miscellaneous Overtime Board, who
were on duty until 3:00 P.M. same date.
The Organization contends a violation of Section 3 of Appendix "B"
when Claimants were not called back the following day to complete the assignment for which they were originally called.
Organization also contends Carrier has always in the past kept the
same crew to clear a derailment even over a period of several days at a time
and when it had to furnish lodging for such crews. The record shows that
Claimants were only 3 miles from their home shop where they hold regular
assignment and report to work five days a week.
Organization further contends Contractor's equipment remained at the
scene clearly indicating the derailment was not cleared when the Claimants
were released. Organization argues this constitutes a continuation of the
same assignment. Since Claimants performed the work the first day, Organization maintains Claimants were qualified to continue the work the second day;
that once they were out they should have stayed out.
Carrier asserts that it complied with the provisions of the Agreement
when it went to the Miscellaneous Overtime Board for the next 3 new people on
the list May 2, 1983. It cites Paragraph (1), Appendix "B" of the Agreement
which states in pertinent part:
"All employees will be afforded an opportunity to
participate in overtime work in the respective
craft and class in which employed insofar as the
character of the work and their qualifications
permit."
Carrier also asserts that Claimants were rotated to the bottom of the
Overtime Board in compliance with Section 4 of Appendix "B" which states in
pertinent part:
Form 1 Award No. 10985
Page 3 Docket No. 10935
2-SSR-CM-'86
"Section 4.
"Upon being placed on the overtime board, an
employee will stand for service and be rotated in
accordance with his standing on the overtime board,
as provided in this agreement. Rotating the man
assigned to the overtime board will be considered
as meeting the requirements of Rule 11."
Carrier further asserts that the Organization did not and could not
meet its burden of proof to show violation of Section 3 of Appendix "B", and
that no evidence was presented to support that it acted contrary to past
practice.
Regarding claims where Employes have not shown any violation of Rules
on the part of the Carrier, Second Division Award No. 9895 and Third Division
Award No. 21858 this Board held:
"In case after case decided by this Board, we have
repeatedly ruled that in order to establish a right
to relief in the statement of claim, the petitioner
must firstly cite provisions of the agreement which
prohibited carrier from acting in the manner which
petitioner challenges and secondly the petitioner
must show how carriers action violated the cited
provisions of the contract. Unless there exists a
contractual prohibition precluding carrier from
taking the action disputed, we have no authority
under the Railway Labor Act to find for the
petitioner."
In the Board's Opinion the Organization has failed to meet its burden
of proving violation of the Agreement or past practice.
Absent such showing, it is Carrier's prerogative as to how this
matter will be handled.
The Board concludes that Claimants were properly compensated for
overtime work on Sunday, May 1, 1983. In accordance with all Agreement Rules,
they did not stand for overtime call on Monday, May 2, 1983.
Form 1 Award No. 10985
Page 4 Docket No. 10935
2-SSR-CM-'86
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J /Dever - Executive Secretary
Dated at Chicago, Illinois, this 10th day of September 1986.
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