NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19370
(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-6950)
that:
(a) Carrier violated the Agreement between the parties effective May
1, 1955, as revised, when it denied Mr. D. A. Bennett, the right to work his regular position on Chr
Mr. Gosper to work this assignment, and
(b) Carrier shall now be required to compensate Mr. D. A. Bennett, a
day's pay at the punitive rate of his position for Christmas Day, December 25,
1969.
OPINION OF BOARD: 1. The Claimant has a prior right to do the overtime work
in question. There is no dispute of this on the record.
2. The sole question before the Board is whether any reasonable attempt
was made to call the claimant to do this overtime holiday work.
3. The Clerks call sheet for December 25, 1969 shows the notation that
"D.B. not home". It is not refuted that this means the Claimant, and indicates
that an attempt was made to call the Claimant to work.
4. Claimant alleges that no attempts were made to call him to this
overtime work, and Carrier alleges that several attempts were made to call Claimant to this overtime
5. This Board will not impute dishonesty on either the Claimant or on
the Carrier.
6. There is evidence that the Carrier tried to call the Claimant, and
that the Carrier was not attempting to circumvent payment of overtime to the
claimant. We do not know why the Claimant did not answer to the calls.
Award Number 19452 page 2
Docket Number CL-19370
rINDINGS: 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;
That this Division of the Adjustment Board has jurisdiction over
the dispute involved herein; and
That the Agreement was not violated.
A W A
R
D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT
BOARD
By
Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of October 1972.