NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19393

THIRD DIVISION Docket Number CL-19369

Joseph E. Cole, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (J. F. Nash and R. C. Haldeman, Trustees of the. Property of ( Lehigh Valley Railroad Company, Debtor

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6949) that:

(a) Carrier violated the Agreement between the parties effective May 1, 1955, as revised, when it denied senior employe Joseph E. Mendyke, the right to perform overtime work as a clerk at Tifft Terminal, Buffalo, N.Y., on December 1, 2, 5, and 6, 19 and

(b) Carrier shall now be required to compensate Mr. Joseph E. Mendyke, clerk at Tifft Terminal, Buff 1, 2, 5 and 6, 1969, at punitive rate.

OPINION OF BOARD: On December 1, 2, 5 and 6, 1969, Carrier required and
authorized overtime in connection with the preparation of
Interchange Report Form No. 401. Work in connection with this form is common
to both claimant Mendyke's and junior employe Camizzi's assignments.

On December 1 and 2, 1969, Camizzi performed the overtime work during the same time claimant Mendyke was on duty and under pay. On December 5 and 6, 1969, Camizzi performed the work continuous with his own assigned work day.

In the circumstances, we do not feel that claimant Mendyke's rights were violated.

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;

Award Namber 19393 Page 2

Docket Number CL-19369

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement wag not violated.

A W A 'R D

Claim is denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By, Order of Third Division

ATTEST: ~~ ~/ ~h .
Executive ecretary

Dated at Chicago, Illinois, this 15th day of September 1972.