Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award
No. 12294
. SECOND DIVISION Docket
No. 12107
92-2-90-2-220
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood Railway Carmen/Division of TCU
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
1. That the Chesapeake and Ohio Railroad Company (CSX Transportation, Inc.) (hereinafter "carrier") violated the provisions of Rule 11 of the
Shop Crafts Agreement between Transportation Communications International
Union - Carmen's Division and the Chesapeake & Ohio Railroad Company (CSX
Transportation, Inc.) (revised June 1, 1969) and the service rights of Carman
K. L. Tschop, Jr. (hereinafter "claimant") when on May
11, 1987
the carrier
by-passed the claimant on the overtime board.
2.
That, accordingly, the claimant is entitled to be compensated for
seven and one-half
(7 1/2)
hours at the applicable Carmen's time and one-half
rate for said violation.
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.
This dispute concerns the Carrier's failure to schedule the Claimant
for overtime work on May
15, 1987,
allegedly in violation of Rule 11, which
states in pertinent part as follows:
"(c) Record will be kept of overtime worked and
men called with the purpose in view of distributing
the overtime equally."
Form 1 Award No. 12294
Page 2 Docket No. 12107
92-2-90-2-220
The Rule also requires the maintenance of an overtime call list or
call board "available to view of employees."
Among the Organization's contentions is that the General Car Foreman
made the "overtime book" unavailable to employees from October or November
1986, until March 1987. Whatever the basis of this allegation, it occurred
some months before the incident here under review.
In its initial Claim of June 30, 1987, the Organization includes a
list of names on the "wrecking overtime board," showing the Claimant eligible
for call on May 15, 1987, prior to another employee, who was called immediately after completing overtime work on the previous day. During the claim
handling procedure, the Carrier asserted that the Claimant's name was not on
the wrecking overtime list and that the Claimant had not worked overtime "in
the weeks surrounding his claim date." No copy of the overtime list itself
was offered by either party. Given these irreconcilable contentions, the
Board is unable to determine the facts of the Claim. Contentions that the
overtime list had been withdrawn and possibly altered at an earlier time are
not directly relevant.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy ever - Executive Secretary
Dated at Chicago, Illinois, this lst day of April 1992.