THIRD DIVISION
(Supplemental)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
EMPLOYES' STATEMENT OF FACTS: Due to heavy rains prior to -August 22, 1955, large quantities of debris had accumulated around and about the Carrier's property at Narrowsburg, New York. To remove this waste material, the Carrier utilized the services of certain Roadway Machines such as Bulldozers and Crawler Cranes and, in order to have a Roadway Equipment Repairman available to make repairs to these machines as necessary, junior Roadway Equipment Repairman, D. R. Sippy was instructed, during his regular tour of duty on August 22, 1955, to obtain the necessary tools and equipment and to report to Narrowsburg, New York for this assignment. Junior Work Equipment Repairman Sippy was permitted to make considerable overtime while filling this assignment from August 22, 1955, through September 10, 1955.
Senior Work Equipment Repairman, Claimant Chas. W. Terrill, was available, qualified and willing to have accepted this work assignment, had the Carrier so notified him.
Claim as set forth herein was filed; the Carrier denying the claim throughout all stages of handling.
can it render an Award that would have such effect. Award 6757. See, also Awards 4763, 6828, 7093.
Based upon the facts of record, the claim should be denied for the following reasons:
OPINION OF BOARD: Claimant, a senior Work Equipment Repairman seeks the exact amount of monetary loss suffered as a result of the Carrier having assigned a junior Work Equipment Repairman to perform work which followed in the wake of extensive damage inflicted by Hurricane Diane to the Carrier's property.
Junior Work Equipment Repairman Sippy and Claimant were headquartered at Meadville, Pennsylvania. On August 22, 1955 Sippy was ordered to report to the damaged areas, 400 miles east of Meadville. He remained there up to and including September 10, 1955. The assignment resulted in Sippy working substantial overtime. During this period Claimant worked every day of his regular assignment for which he was available at Meadville. On September 26, 1955 Claimant filed his claim alleging violation of the seniority provision of the current Agreement.
Carrier had the right to assign Sippy to the particular job. There is nothing in the Agreement which required the Carrier to dispatch the Claimant, a senior Employe, to the scene to perform the overtime which happened to flow from the assignment.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and