Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11328
SECOND DIVISION Docket No. 10916
2-SP-CM-'87
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Southern Pacific Transportation Company (Eastern Lines)
Dispute: Claim of Employes:
1. That the Southern Pacific Transportation Company (Eastern Lines)
violated the controlling agreement, particularly Rule 8, when Carmen N. G.
Alvarado and Carman F. R. Martinez were denied their right to overtime as
provided for under the rule, Houston, Texas.
2. That accordingly, the Southern Pacific Transportation Company
(Eastern Lines) be ordered to compensate Carman Alvarado in the amount of
seventy-five hours (75') at overtime rate commencing January 1, 1984, and
Carman Martinez at the amount of thirteen hours (13') at overtime rate covering February 20, 1984.
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 primary thrust of this Claim is that the Claimants were deprived
of the opportunity to work overtime January 1, 1984, until approximately
February 20, 1984. Entitlement'. to the overtime is asserted on the basis of
Rule 8, Distribution of Overtime. This Rule essentially requires that overtime be equalized among the Carmen.
Form i Award No. 11328
Page 2 Docket No. 10916
2-SP-CM-'87
It is well-established by numerous Awards, many of which were relied
upon by the Carrier, that the question of overtime equalization, to be properly resolved, must be based on a reasonable period of time. In the instant
case, the Claim is founded on a six-week period. We do not consider a sixweek period of time to be a reasonable basis for showing a failure to equalize
overtime. Moreover, the Board observes that much of Carman Wolff's overtime
came about from an extension of his normal working hours and, under Rule 8, he
was entitled to such overtime.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:,
~^Zd5a~~'~
Nancy J.
~~
- Executive Secretary
Dated at Chicago, Illinois, this 26th day of August 1987.