Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12052
SECOND DIVISION Docket No. 11949
91-2-90-2-108
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(Kansas City Southern Railway Company
STATEMENT OF CLAIM:
1. That the Kansas City Southern Railroad Company (Louisiana and
Arkansas Railroad Company) violated the current controlling agreement when
Cayman C. W. Burchfield was denied the proper rate of pay on August 26, 1988.
2. That the Kansas City Southern Railroad Company (Louisiana and
Arkansas Railroad Company) be required to make Cayman C. W. Burchfield whole
by paying him four (4) hours at the straight time rate account the difference
in pay rate for service performed on August 26, 1988.
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 Claimant was assigned as a Vacation Relief Cayman. The events
giving rise to this Claim began on Monday, August 22, 1988. On that date, the
Claimant worked a vacation vacancy that had a tour of duty from 3:00 P.M. to
11:00 P.M. He worked that tour through Thursday. On Friday, August 26th, he
worked another vacation vacancy, beginning 7:00 A.M. and ending at 3:00 P.M.
On that same date, he also worked the 3:00 P.M. to 11:00 P.M. vacation vacancy. The next day, Saturday, August 27, 1988, he again worked the 7:00 A.M. to
3:00 P.M. vacation vacancy.
Form 1
Page 2
Award No. 12052
Docket No. 11949
91-2-90-2-103
The question to be resolved is whether Rules 6 and 7 of the Vacation
Agreement support the Organization's contention that the last eight (8) hours
of the sixteen (16) consecutive hours worked on August 26 constitute overtime
for which the Claimant should be paid. Or stated somewhat differently, is the
Claimant entitled to the overtime rate when he is assigned to fill a vacation
vacancy on the same day when he worked another vacation vacancy.
The practice of "doubling over" is not uncommon on vacation relief
work positions on the property involved here or in this industry. Indeed, the
record shows that the Claimant has performed such service in the past. The
issue here, which mainly is governed by Article 12(a) of the National Vacation
Agreement dated December 17, 1941, was interpreted at the request of the parties by Referee Wayne L. Morse. He concluded that, under Article 12(a), a
vacancy created by an employee going on vacation does not constitute such a
vacancy as to entitle a relief worker punitive payments.
While we recognize that Second Division Award 1514 supports the Organization's position, the predominant weight of past Awards on this same issue
have supported the Morse interpretation which we will follow in this matter.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 15th day of May 1991.