Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13226
Docket No. 13093
98-2-95-2-120
The Second Division consisted of the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(Brotherhood Railway Carmen, Division of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Union that:
1. That the Springfield Terminal Railway Company, hereinafter the
'Carrier' violated the terms of Rule 8 and supplemented by October
23, 1992 letter (Distribution of Overtime) of the current controlling
agreement, at East Deerfield, MA when they failed. in three (3)
separate instances to advise the local committee to designate
qualified employees to the assignment of overtime as provided by
the above noted rule and side letter. Instead, assigning other
employees to work known and obvious overtime.
2. That, accordingly, the Springfield Terminal Railway Company be
ordered to compensate, Carman Henry J. Satrowsky, hereinafter
'Claimant' five (5) hours at the overtime rate for work performed
on July 19, 1994, eight (8) hours at the overtime rate for work
performed on July 20, 1994 and seven (7) hours at the overtime rate
for work performed on July 21, 1994."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 13226
Page 2 Docket No. 13093
98-2-95-2-120
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
On three occasions, July 19, 20 and 21, 1994, the Carrier assigned overtime work
to a road crew at Rotterdam, New York and Plainville, Connecticut. The Organization
contends that the Carrier violated Rule 8 and the parties Letter of Understanding, dated
October 23, 1992. These documents in pertinent part read as follows:
"Rule 8
Distribution of Overtime:
(a)****
(b) Records will be kept of overtime worked and qualified men
called with the purpose in view of distributing the overtime equally.
(c) Supervisors in charge will advise the Local Committee
concerning the number of employees needed to work overtime on a
specified job, and the Committee will designate the qualified employees to
be assigned. Employees so assigned may be continued on the job in
question until it is completed or until relieved. Relief employees, if on
overtime, will be chosen from those who are not in the double time period."
"Letter of Understandint', Subiect Distribution of Overtime:
****
****
U each location where Carmen are employed, an overtime
list of employees will be prepared by the supervisor and the
Form 1 Award No. 13226
Page 3 Docket No. 13093
98-2-95-2-120
designated local committee man. When overtime is required,
the supervisor will contact the local committee man and
indicate to time the number of employees needed for
overtime.
Based upon the overtime list of employees, the local
committee man will call the appropriate employees until the
number needed by the Carrier has been secured. The local
committee man will notify the supervisor as to the employees
who were secured for overtime as well as those who were
called but not secured."
The Carrier's position as clearly stated on the property was that Rule 8 was not
applicable because the work at issue was performed at a point where Carmen were not
employed. In support of its position, it cited a number of claims that had been denied in
the past on that basis. (See letters of April 30, 1993, November 7, 1994 and May 15,
1995 to the Organization). The Organization on the property provided no evidence to
refute the Carrier's position.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
Bv
Order of Second Division
Dated at Chicago, Illinois, this 30th day of March 1998.