Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11411
SECOND DIVISION Docket No. 11365
88-2-87-2-7
The Second Division consisted of the regular members and in
addition Referee
Marty E. Zusman when award was rendered.
(International Brotherhood of Electrical Workers
Parties to Dispute:
(Burlington Northern Railroad Company
Dispute: Claim of Employee:
1. That in violation of the controlling Agreement, Electrician D. L.
Chaon was arbitrarily denied the minimum compensation for continuous service
performed by him after his assigned regular working hours for dates of
December 25 and 26, 1985.
2. That accordingly, the Burlington Northern Railroad be directed to
compensate Electrician Chaon in the amount of one (1) hour's pay or seventenths (.7) hour at the punitive rate, which amounts to the same thing, for
the overtime service performed by him on each of the dates of December 25 and
26, 1985; less any amount he has already received, if any, for that particular
service.
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 employee involved in this
dispute are respectively carrier and employee 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.
This dispute developed when the Carrier held Claimant on overtime.
Claimant's regular shift was from 11:30 P.M. to 7:30 A.M. Because of Carrier
needs, Claimant was held over for eight (8) minutes on December 25 and again
for seven (7) minutes on December 26, 1985. Claimant requested 0.7 of one
hours pay. The Carrier denied Claimant's requested compensation.
In the denial of this Claim, the Carrier maintained that since the
Claimant was on a holiday where time and one half was being paid, only 0.1 of
one hour was proper compensation. Moreover, the Carrier maintains that the
Agreement supports its position.
The Organization relies upon Rule 6(b) which states:
Form 1 Award No. 11411
Page 2 Docket No. 11365
88-2-87-2-7
"For continuous service after regular working
hours, employees will be paid time and one-half on
the actual minute basis with a minimum of one (1)
hour's pay for any such service performed."
After a careful review of the record, this Board finds the Carrier is
in violation of Rule 6(b). The facts in the instant case document that the
Claimant worked overtime continuous with his regular assignment on both days.
There is no exception for holidays in the applicable Rule. Accordingly, the
Claim must be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy -Executive Secr tary
Dated at Chicago, Illinois, this 6th day of January 1988.
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