NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21305
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, GL-7885,
that:
1. Carrier violated the Agreement when in the absence of a qualified unassigned employee, it failed
D. B. Eure to fill an extra assignment at Carrier's Southover Yard, Savannah,
Georgia, beginning at 11:00 P.M., March 6, 1974.
2. Because of the aforementioned violation, Carrier shall compensate Clerk D. B. Eure eight (8) hour
OPINION OF BOARD: Claimant at the time this dispute arose was regularly
assigned from 7:00 A.M. to 3:00 P.M. He was the senior
employe and was requested to work an extra assignment 12:00 midnight to 8:00
A.M. As this interfered with- his regular job beginning at 7:00 A.M., he
declined the request. The hours of the extra assignment were later changed
to 11:00 P.M. to 7:00 A.M. Claimant Eure was not given a chance to work the
extra assignment with the changed hours, but the extra assignment was filled
by a junior employe.
The claim before the Board as shown in Petitioner's notice of intention to file ex parte submission
contention that Carrier violated the Agreement when in the absence of an
unassigned employe, it failed to call regularly assigned clerk D. B. Eure to
fill an extra assignment at Carrier's Southover Yard, Savannah, Ga., beginning
at 11:00 P.M., March 6, 1974, and that because of the alleged violation Clerk
D. B. Eure be compensated eight hours at time and one-half rate. The Carrier's submission goes into
the claim in behalf of D. B. Eure. We shall confine our consideration to the
claim set forth in the notice to file ex parte submission, i.e., the claim in
behalf of D. B. Eure.
The Board finds that when the Carrier decided to change the hours
of the extra assignment to 11:00 P.M. to 7:00 A.M. which would not have interfered with claimant's r
him as the senior employe. We will, therefore, sustain the claim, awarding
the claimant the compensation that he would have earned if he had been used
on the extra assignment 11:00 P.M. to 7:00 A.M. We do not consider that it
would have imposed an undue burden on the Carrier to have made a second call
to the claimant when it was decided to change the hours of the extra assignment.
Award Number 21508 Page 2
Docket Number CL-21305
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
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
That the Agreement was violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
ATTEST: &/004z' By Order of Third Division
Executive Secretary
Dated at Chicago, Illinois, this 29th day of April 1977.
110
J J.