Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12359
SECOND DIVISION Docket No. 11899
92-2-90-2-4
The Second Division consisted of the_regular members and in
addition Referee John C. Fletcher when award was rendered.
(Sheet Metal Workers International Association
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (formerly Seaboard Coast Line
( Railroad)
STATEMENT OF CLAIM:
1. That Sheet Metal Workers J. E. Hammitt, I. D. 168589 and R. V.
Powers, I.D. 120790 were forced to changed shifts by the CSX Transportation
Company and were not allowed change of shift pay.
2. That the Carrier be ordered to pay Sheet Metal Workers Hammitt and
Powers four (4) hours each at the pro rata rate of pay for being forced to
change shifts on the following dates:
3. On November 22, 1988, Sheet Metal Worker Hammitt was forced to
change shifts. On November 30, 1988, Sheet Metal Worker Powers was forced to
change shifts.
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.
Claimants, regularly assigned to the 2nd Shift, where, on November
22 and 30, 1988, instructed to attend a training program on the 1st Shift to
qualify for work involved in moving locomotives in shop areas. Each claimed
time and one-half under Rule il - Changing Shifts, reading:
"Employees changed from one shift to another
will be paid overtime rates for the first shift of
each change. Employees working two shifts or more
on a new shift will be considered transferred.
This will not apply when shifts are exchanged at
the request of the employees involved."
Form 1 Award No. 12359
Page 2 Docket No. 11899
92-2-90-2-4
q
Carrier defended against payment on the basis that the change in
shift was not work but training and training outside an employees regularly
assigned hours does not trigger overtime payments.
The Carrier is correct. There are Awards of all Divisions of this
Board which support Carrier in this matter. See Third Division Awards 27021,
22704, 20323, 20702 and 10808, to name but several. The Claim is without
merit, it will be denied.
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 lst day of July 1992.