Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13936
Docket No. 13820
NRAB-00002-070004
(07.2-4)
The Second Division consisted of the regular members and in addition Referee
Robert Richer 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 Richard NUchand and Brain
(sic) Bertlesen in the amount of two hours and 40 minutes at the
overtime rate of pay. This is the amount of compensation they
would have earned had the Carrier not violated the Agreement."
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. 13936
Page 2 Docket No. 13820
NRAB-00002-070004
(07-2-4)
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. The basis of the claim is
that on May 17, 2005 two Carrier supervisors moved PanAm display car MEC
31775.
The Organization claims the Carrier violated Rule 29, the overtime rule.
The Organization has failed to show that the movement of cars is work
belonging to Carmen. Ergo, a claim for overtime for work that does not belong to
Carmen must be denied.
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 27th day of March 2008.