"That the Kansas City Southern Railway Company (hereinafter referred to as the "Carrier") violated Rule 8 of the Controlling Agreement, effective April 1, 1980, as amended, between the Kansas City Southern Railway Company and its Employees represented by the International Association of Machinists and Aerospace Workers (hereinafter referred to as the "Organization") when it wrongfully bypassed P. E. Orender (hereinafter referred to as the "Claimant") for eight hours of overtime March 9, 1998.

Accordingly, we request that for this violation, the Claimant be compensated for the eight hours pay at one and one-half his pro rata rate of pay."

Parties to said dispute were given due notice of hearing thereon.

This dispute is based upon the Carrier's failure to call the Claimant, who was first out on the overtime list, for a vacancy that commenced 12:00 midnight.

The Carrier's defense, on the merits was that the Claimant was scheduled to work the day shift at 8:00 A.M. on March 8, 1998. He called in sick. The Carrier accepted the Claimant's reason for not working and considered him unavailable for a day, i.e., a 24-hour day.

There are other arguments advanced by the Carrier in its defense. 1t argues an untimely filed claim and that the overtime list is not a strict seniority-based list but rather is a rotating type list. Significantly, the Claimant remained first out after March 9, 1998, and had the opportunity to work overtime at a later date.

Of and by itself, any one of the three defenses raised by the Carrier would have been sufficient to defend it's position, but to the Board it is not necessary to go beyond the merits. The Claimant, after laying off sick for the 8:00 A.M. shift, was not considered available for the 12:00 midnight shift that night. The claim will be denied.

AWARD