Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11168
SECOND DIVISION Docket No. 10045
2-MP-CM-'87
The Second Division consisted of the regular members and in
addition Referee John J. Mikrut, Jr. when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Missouri Pacific Railroad Company
Dispute: Claim of Employes:
1. That the Missouri Pacific Railroad Company violated Note to Rule
8 of the controlling Agreement when they failed to use Carmen P. M. Peace and
K. D. Willard for overtime May 19, 1981 at Palestine, Texas.
2. That the Missouri Pacific Railroad Company be ordered to compensate Carmen P. M. Peace and K. D. Willard in the amount of three (3) hours
at the overtime rate of pay.
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.
Claimants are Journeymen Carmen employed at Carrier's Palestine,
Texas Mechanical Department facility.
On May 18, 1981, the Palestine Mechanical Department was assigned to
perform extensive repairs on Freight Car MP 822156, a bulkhead flat, in order
that the car could be released to the Traffic Department on May 20, 1981. The
work, which constituted a general overhaul of the car, included repair of all
safety appliances, new couplers, all new decking, and all new end bulkheads.
In order that the repair work might be completed by the deadline,
Carrier assigned six (6) Carmen (T. J. Lewis, A. W. Ray, R. A. Ramirez, E. F.
Kirby, G. A. Mack and D. W. Cross) who, in addition to their regular assignments, were also assigned to the Wrecking Crew.
Form 1 Award No. 11168
Page 2 Docket No. 10045
2-MP-CM-'87
Due to the extensive nature of the requisite repair work, and in
order to meet the deadline, local Management decided to work more hours on May
18, 1981, and held over two (2) of the Wrecking Crew members (Mack and Cross)
for this purpose, supplementing the overtime work by calling two (2) additional Journeymen (W. P. Davis and M. A. Gordon) from the Overtime Board.
On the following day, May 19, 1981, as the deadline neared, Carrier
was again faced with the need to work overtime on the project. Since the
remaining work only required two (2) Carmen, however, Carrier chose to continue the work by once again holding over two (2) members of the Wrecking Crew
(Mack and Cross) who were familiar with the project, rather than calling
Claimants who were next in line on the May 19, 1981 Overtime Board.
As a result of the May 19, 1981 incident, Organization filed a Claim
alleging that Carrier violated Claimants' Agreement Rule 8 right to work
overtime. Said Rule, in pertinent part, reads as follows:
"DISTRIBUTION OF OVERTIME
Rule 8(a) When it becomes necessary for employes
to work overtime they shall not be laid off during
regular working hours to equalize the time.
(b) Record will be kept of overtime worked
and men called with the purpose in view of distributing the overtime equally. Local Chairman
will, upon request, be furnished with record."
In support of its position, Organization contends that Carrier failed
to distribute overtime equitably on May 19, 1981, as required by Rule 8.
According to Organization, although members of the Carmens' craft, Wrecking
Crew members, by virtue of their additional assignment, enjoy many more opportunities to work overtime than Claimants who are not members of the Wrecking
Crew. Therefore, according to Organization, since the disputed repair project
involved work which was normally performed by Carmen, and since Carrier had
assigned Carmen Davis and Gordon to work overtime on the project on the previous day, then Carrier should have assigned the May 19, 1981 overtime to
Claimants who were also Carmen, who were on the Overtime Board, but who were
not assigned to the Wrecking Crew.
Carrier contends that its action in this matter was in compliance
with the applicable provisions of Rule 8. In further support of its position,
Carrier offers a veritable litany of Second Division Awards which allegedly
address the exact issue at bar involving these same parties. According to
Carrier, Second Division precedent (Award Nos. 6613, 7624, 7897, 8335, 8689,
9129 and 9267) has established that Rule 8(b) does not require a slavish
adherence to utilizing employes who are on the Overtime Board as long as
Carrier distributes overtime equally within a reasonable period of time. Such
a practice, Carrier argues, was followed in the instant case.
Form 1 Award No. 11168
Page 3 Docket No. 10045
2-MP-CM-'87
The Board has carefully read, studied and considered the complete
record in this dispute, and is persuaded that Carrier's action regarding the
May 19, 1981 overtime assignment: was in compliance with the applicable
provisions of Rule 8. In this regard, it is particularly noteworthy that
Claimants either worked overtimes or were offered the opportunity to work
overtime on the very next day. Distributing overtime within one (1) day of
eligibility on the Overtime Board is well within the reasonable period of time
for such purposes as contemplated in Rule 8(b) and as further established by
Second Division Award precedent.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attes : ,
ancy J~r - Executive Secretary
Dated at Chicago, lI~llinois, this 25th day of February 1987.