Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11960
SECOND DIVISION Docket No 11782
90-2-89-2-99
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
1. That under the current Agreement the Carrier violated Rule 35
when it deducted one (1) day's pay from Carman H. T. Conger's pay period of
May 30, 1987.
2. That the Carrier be ordered to repay Carman H. T. Conger one (1)
day's pay at the straight time 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 waived right of appearance at hearing thereon.
In early 1988 it was discovered that Claimant was paid twice for work
on the same shift on May 30, 1987. This occurred because his Foreman submitted two time tickets for the same shift. Carrier recouped the overpayment
from Claimant's paycheck issued April 15, 1988. The Organization filed a
Claim contending that its Agreement was violated when the overpayment was
recovered.
We have carefully examined the entire record in this matter and reviewed the Rules relied on by the Organization in support of its Claim. We
are not persuaded that the Agreement was violated when Carrier recouped the
overpayment.
The Claim will be denied.
Form 1 Award No. 11960
Page 2 Docket No. 11782
90-2-89-2-99
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
d&e
IC
Attest:
ancy J. D -Executive Secre-fary
Dated at Chicago, Illinois, this 28th day of November 1990.