Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13284
Docket No. 13249
98-2-97-2-14
The Second Division consisted
of
the regular members and in addition Referee
Robert L. Hicks when award was rendered.
(Brotherhood Railway Carmen. Division
of
( Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and
( Ohio Railroad Company)
STATEMENT OF CLAIM
:
"Claim
of
the Committee
of
the Union that:
1. That the Carrier violated Rule 8, of the controlling Agreement as
amended, on November 22, 1995 through the circumvention of the
overtime call board.
2. That the Carrier he ordered to recompense Carman T.R. Sprout
the amount of six 16) hours at the time and one-half 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 employee or employees involved in this dispute
are respectively carrier and employee within the meaning of the Railway Labor :pct, 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.
Form 1 Award No. 13284
Page 2 Docket No. 13249
98-2-97-2-14
This dispute is based upon Carrier allegedly violating the provisions of Rule 8
when it assigned a Carman other than Claimant on a particularly frigid night to monitor
two idling engines, one at Ravenswood and the other at Point Pleasant.
Rule 8 obligates both the Carrier and the Organization to jointly assign Carmen
in a manner which will allow those desiring overtime to share equally in whatever
overtime is available. Seniority is not a factor.
In this instance, the Carrier assigned the Carman who lived the closest to both
engines which required monitoring. It did not call the Claimant who apparently stood
at the top of the list for overtime.
In order for the Organization to establish a violation of Rule 8 it must present
evidence that. over a period of time, the Carrier was calling from the overtime list only
certain people who were gaining the lion's share of the overtime. This it has not done,.
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
By Order of Second Division
Dated at Chicago, Illinois. this 18th day of May 1998.