Award No. 16837
Docket No. TD-17665
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Arthur W. Devine, Referee
PARTIES TO DISPUTE:
AMERICAN TRAIN DISPATCHERS ASSOCIATION
SEABOARD COAST LINE RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the American Train Dispatchers
Association that:
(a) The Atlantic Coast Line Railroad Company (now Seaboard
Coast Line Railroad Company) hereinafter referred to as "the Carrier"
violated the Agreement between the parties, Article 2 thereof in
particular, by its failure to compensate Night Chief Dispatcher L. E.
Perry, for overtime service performed on February 28, March 8, March
9 and March 15, 1966.
(b) The Carrier be required to compensate Claimant Perry for
overtime service performed on the specified dates as follows: One
hour and fifteen minutes on February 28; fifteen minutes on March 8;
twenty minutes on March 9, and forty minutes on March 15, 1966.
EMPLOYES' STATEMENT OF FACTS: At the time here in question
an Agreement was in effect between the Atlantic Coast Line Railroad Company (now part of the Seaboard Coast Line Railroad Company) and the
claimant organization. A copy of that Agreement should be on file with this
Board and by this reference the same is incorporated into this submission
as a part thereof as though fully set out.
(NOTE: Pursuant to authority granted. by the Interstate Commerce
Commission the former Seaboard Air Line Railroad and
the former Atlantic Coast Line Railroad Company were
merged into and became the Seaboard Coast Line Rail
road Company, effective on or about July 1, 1967. The
schedule agreement negotiated by the parties and appli
cable to the merged Carrier, patterned after and in much
the same terms as that applicable to the former Seaboard
Air Line Railroad Company, is not involved in this
dispute.)
Article 2 of the Agreement in effect and applicable to the former Atlantic
Coast Line Railroad Company at the time the instant dispute arose is here
quoted in pertinent part for ready reference.
OPINION OF BOARD:
The claim herein seeks payment for time at the
overtime rate which the Claimant, Night Chief Dispatcher at Tampa, Florida,
with assigned hours 7:00 P. M. to 3:00 A. M., alleges was necessary for him to
complete his work on the dates involved in the claim. The amounts claimed are:
February 28, 1966 - 1 hour 15 minutes
March 8, 1966 - 15 minutes
March 9, 1966 - 20 minutes
March 15, 1966-40 minutes
The record shows that on the night of February 15-16, 1966, Claimant
advised the Chief Dispatcher that it was necessary for him to perform certain
work after 3:00 A. M., and made a claim for one hour and thirty minutes'
overtime. That claim was subsequently allowed. On February 16, 1966, the
Chief Dispatcher advised the Claimant in writing:
"Mr. L. E. Perry -NCD
Referring your memo date making claim for one hour and 30
minutes' overtime account checking time tickets most of which was
done after 3:00 A. M.
I cannot continue to allow overtime on the Night Chief Dispatcher
assignment consistently as this assignment has been in effect for many
years and other personnel have worked it without overtime, while
there is no appreciable difference in duties. Time tickets should be
checked prior to 3:00 A. M.
/s/ M. R. Herring"
Notwithstanding the above quoted advice from the Chief Dispatcher, the
Claimant submitted the claims subject to dispute herein.
It is recognized by the Petitioner that it is a prerogative of management
to determine whether overtime is to be worked, but it contends that as
Claimant had instructions that certain work was to be performed, he is entitled
to the overtime that he (Claimant) considered necessary to perform that work.
This Board has held on numerous occasions that, absent directions and
authority, voluntary service cannot be asserted to support a claim. In the
opinion of the Board, that principle is applicable here. The Claimant had been
advised by his superior on February 16, 1966, that overtime would not be
allowed consistently on the Night Chief Dispatcher assignment. The Claimant
was not instructed or required by proper authority to put in the overtime
claimed. The claim will be denied.
FINDINGS: The Third Division of the Adjustment Board upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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;
16837 8
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 19th day of December 1968.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
16837 9