Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11595
SECOND DIVISION Docket No. 11114
88-2-85-2-234
The Second Division consisted of the regular members and in
addition Referee Hyman Cohen when award was rendered.
(Brotherhood Railway Carmen of the United States and
( Canada
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM:
1. That the Baltimore and Ohio Railroad Company violated the controlling Agreement, when on the date of June 18, 1984, they allowed individuals not so entitled to work under the provisions of Rule 24 1/2, and in so
doing deprived Claimants herein, Carman N. Pickrell and M. Schmidt.
2. That accordingly, Carrier be ordered to compensate Claimants
Pickrell and Schmidt for all time lost as a result of such violation: eight
(8) hours pay at the time and one-half rate.
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 were given due notice of hearing thereon.
The facts are undisputed. On June 1$, 1984, the Carrier called and
used two (2) furloughed carmen to perform service under Rule 24 1/2 on the
first shift at its DeCourtsey Car Shop. The Carrier acknowledges that as a
result of a "mix-up" they were again called and used to fill two vacancies on
the third shift within the same twenty-four (24) hour period.
A claim was filed on behalf of Claimants both of whom are employed by
the Carrier as carmen, for eight (8) hours' pay at the time and one-half rate
on the grounds that Rule 24 was violated when the Carrier called and used two
(2) furloughed carmen to work sixteen (16) hours within a twenty-four (24)
hour period. It is undisputed that the Carrier violated Rule 24 1/2 which
prohibits it from calling and using furloughed employees for a "second tour of
duty" within a "24-hour period beginning with the starting time of the first
shift."
Form 1 Award No. 11595
Page 2 Docket No. 11114
88-2-85-2-234
The only issue to be resolved by this Board is whether the Agreement
requires the Carrier to compensate the Claimants for work lost at the rate of
time and one-half. After carefully examining the positions of the parties, it
is the judgment of the Board that the Claimants are to be awarded the pro rata
rate which is the compensation for work not performed. As stated in Second
Division Award 6359,"...the overtime rate is applicable only to time actually
worked, the pro rata rate is the measure of value for work lost." No provision in the Agreement has been called to the Board's attention which provides
for the time and one-half rate when work is not performed by the Claimant.
See, e.g. Second Division Award 6559. Since Claimants did not perform work
when the two (2) furloughed carmen performed service again within the same
twenty-four (24) hour period, they are entitled to the pro rata rate.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy J.
w
- Executive Secretary
Dated at Chicago, Illinois, this 26th day of October 1988.