Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13319
Docket No. 13018
98-2-95-2-43
The Second Division consisted of the regular members and in addition Referee
Eckehard Muessig when award was rendered.
(International Brotherhood of Electrical Workers
( (System Council No. 9)
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Louisville and
( Nashville Railroad Company)
STATEMENT OF CLAIM:
°'1. That on November 5, 1993, CSX Transportation, formerly
L&N Railroad Company, in violation of Agreement Rule 12,
Appendix 'B', failed to call Electrician W. Weninegar in
proper rotation for overtime work, and accordingly;
2. That Carrier now compensate Electrician W. Weninegar for
twelve (12) hours at the then applicable straight time rate of
pay (eight (8) hours at time and one-half) in accordance with
Agreement Rule 12, Appendix 'B', 18."
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 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.
Form 1 Award No. 13319
Page 2 Docket No. 13018
98-2-95-2-43
At the time of the events leading to this claim, the Claimant was employed at the
Carrier's Corben, Kentucky, facility as an Electrician. He held a regular swing shift
assignment, consisting of Wednesday and Thursday, 11:00 P.M. to 7:00 A.M.; Friday,
3:00 P.M. to 11:00 P.M.; Saturday and Sunday, 7:00 A.M. to 3:00 P.M. with Monday
and Tuesday as rest days.
After the Claimant completed working the second shift on Friday, November 5,
1993, there were third shift vacancies which could only be filled on an overtime basis.
Although the Claimant was next out for call on the overtime board, the Carrier called
the Electrician below the Claimant for the overtime. The Organization contends that
the failure of the Carrier to call the Claimant for the overtime violated Rule 12, which
reads, in pertinent part, as follows:
"RULE 12.
DISTRIBUTION OF OVERTIME
12(b) Overtime will be distributed as equally as possible
among the different classes of employes of each department or subdepartment as far as the character of the work will permit.
;VOTE: Refer to 'overtime agreement' contained in
Appendix 'B'."
4. Upon being placed on the overtime board, an emplove will stand
for service and be rotated in accordance with his standing on the
overtime board, as provided in this agreement. Rotating the man
assigned to the overtime board will be considered as meeting the
requirements of Rule 11 (Rule 12J." (Emphasis added)
The Carrier for its part mainly relies upon Section 9 of Appendix "B" which
provides as follows:
"9. An employe assigned to both the Sunday-holiday and
miscellaneous overtime boards notified to report for service on a
Form 1 Award No. 13319
Page 3 Docket No. 13018
98-2-95-2-43
Sunday or holiday will, after such notice has been given, be
considered available to work from the miscellaneous overtime
board; except that no employee shall work more than 16 hours in
any 24-hour period, computed from the starting time of his regular
shift, unless on line of road performing emergency road work or
engaged in wrecking service. If the employe's turn stands to work
from the miscellaneous overtime board during the hours he is
working on a Sunday-holiday assignment, he will be considered as
having worked his turn on the miscellaneous overtime board and
dropped to the bottom of the board."
While there are a number of collateral issues that arguably could be addressed
in this case, the critical issue here is the application of Appendix B, which is relied upon
by both parties. We find that Section 9 is controlling and that the "starting time of his
regular shift" means the shift on which the employee was working (second shift).
Therefore, had the Claimant been allowed to work, it would have resulted in his
continuously working for 24 hours, because his next regularly scheduled shift began at
7:00 A.M. on Sunday.
It has been well established that an employee's primary responsibility is to work
his own position. In this case, had he worked the next shift, he would not have been able
to protect his regular assignment, i.e., the first shift on Saturday. See among many
.awards, Second Division Awards 12904 and 12209; Third Division Awards 31595,
30779 and 30774; Fourth Division Awards 2991, 2945, 2859, 2588 and 2182.
We find, absent "emergency service" or "wrecking service," as provided in
Section 9, that the Agreement does not provide entitlement to the work. See Second
Division Awards 12603, 13135 and 13136.
AWARD
Claim denied.
Form 1 Award No.
13319
Page
4
Docket No.
13018
98-2-95-2-43
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 16th day
of
September
1998.