Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11289
SECOND DIVISION Docket No. 10988
2-EJ&E-CM-'87
The Second Division consisted of the regular members and in
addition Referee T. Page Sharp when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Elgin, Joliet, and Eastern Railway Company

Dispute: Claim of Employes:

1. That the Elgin, Joliet and Eastern Railway Company violated Rule 497 of the current working Agreement when they failed to call Carmen from the Weekend Repair List (overtime list) for work on Saturday, January 7, 1984; Sunday, January 8, 1984; Saturday, January 14, 1984; and Sunday, January 15, 1984 and instead used recalled Temporary Carmen who were not on the overtime list and only paid them the pro rata rate for their work on said dates.

2. That the Elgin, Joliet and Eastern Railway Company be ordered to compensate the following named Carmen eight (8) hours each at the time and onehalf rate of pay on the dates set forth account of said violations of Rule #97.

Sat., January 7, 1984 Sun., January 8, 1984

1. Bryon Russel 4. Everett Lenoir

2. James Leigh 5. Richard Koepl

3. John Gomez 6. Robert Drotar

Sat., January 14, 1984 Sun., January 15, 1984

7. Daniel Mathis 11. John Arbogast

8. Richard Bross 12. John Stingely

9. Harry DeChaunt 13. Dexter Knapp

10. William Trosper 14. Daniel Smythe

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.

Form 1 Award No. 11289
Page 2 Docket No. 10988
2-EJ&E-CM-'87
This is a companion case to Award 11288 involving Claims filed by the
Organization concerning the recall of furloughed employees. In that case the
Board held that the Claims for time and one-half for Saturday and Sunday work
were denied because Rule 88 of the Agreement permitted flexibility concerning
rest days when recalled employees were temporarily unassigned.

These Claims are for the overtime which allegedly Claimants should have received because of the Saturday and Sunday work of the aforementioned unassigned employees. The Claims are that Rule #97 of the Schedule Agreement has been violated. That rule reads:

"Overtime:

(g) When it becomes necessary for employes 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 employes called with the

purpose in view of distributing the overtime equally.

The responsibility of distributing the overtime equal

ly rests with the Local Chairman of the craft involved."

Because the Carrier did not notify the Local Chairman that overtime was to be worked, it is claimed payment is owed to all of the Claimants.

If, as has been held, the working on Saturday and Sunday by the recalled Carmen was not to be paid at the rate of time and one-half, it is axiomatic that no overtime was worked on the days in question. Therefore, the present Claims must fail.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Second Division

01

Attest: i
Nancy J. ~r - Executive Secretary

Dated at Chicago, Illinois this 1st day of July 1987.