Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13935
Docket No. 13819
NRAB-00002-070003
(07-2-3)
The Second Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood Railway Carmen Division (BRCD)
(Transportation-Communications International Union
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company (ST)
STATEMENT OF CLAIM:
"Claim of the Employees:
"1. That the Springfield Terminal Railway Company violated the
terms of our Agreement, in particular Rule 29 when they failed
to contact the Local Committee as to the number of employees
required to perform overtime work.
"2. That, accordingly, the Springfield Terminal Railway Company
be required to compensate Carmen (sic) William Reinsborough
in the amount of four (4) hours at the overtime rate of pay. This
is the amount of compensation he would have earned had the
Carrier not violated the Agreement."
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.
Form 1 Award No. 13935
Page 2 Docket No. 13819
NRAB-00002-070003
(07-2-3)
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 June 6, 2005 the Organization filed this claim for overtime on May 5,
2005.
On the claim date the Claimant was sent home at the conclusion of his shift.
Two other carmen were working at Rigby, off their territory, because their air
compressor truck was needed. The carmen had not finished their work by shift's
end, so they were kept on overtime to complete the work. The carmen at Rigby had
about 30 more minutes of work plus a 2 hour drive back to Lawrence.
The Organization argues that the Lawrence carmen should have been sent
home at 1:00 PM and the Claimant called for the overtime.
The work performed by the Lawrence carmen was a continuation of the work
they had been performing all day.
Numerous awards have held the Carrier is not required to call any other
carmen to complete the work of others when it is continuous.
The Organization has failed to show the Agreement was violated.
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.
Form 1 Award No. 13935
Page 3 Docket No. 13819
NRAB-00002-070003
(07-2-3)
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, IIIinois, this 27th day of March 2008.