NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22244
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Southeastern Demurrage and Storage Bureau
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8440) that:
"(a) The Bureau has violated the Rules Agreement, particularly
Rule 34 when they required the claimant to suspend his regularly
assigned duties in order to absorb overtime.
(b) Claimant W. H. Dickie, Jr. should be paid one day's pay
for December 12,
1975
at the rate of one and one-half times the regular
basic straight time rate of the claimant."
OPINION OF BOARD: Initially we are compelled to recognize that the
Statement of Claim refers to a claim date of
December 12,
1975.
However, the rest of the Record leaves no doubt
that the date in question is actually January 2,
1976.
On that date, Mr. R. 0. McCollum was absent for compassionate
leave. The position was not filled, and the duties were performed by
the Claimant, who was on duty. A claim was filed in favor of Claimant
contending he should not have been required to suspend his regular
duties. The claim was one day at time and one-half. The Organization
cites Rule 34 in support of their claim. It reads:
"RULE 34 - OVERTIME
"(d) In working overtime before or after assigned
hours on assigned work days, employees regularly
assigned to class of work for which overtime is
necessary will be given preference. Where work is
required by the Bureau to be performed on a day
which is not a part of any assignment, it may be
performed by an available extra or unassigned
employee who will otherwise not have forty (40)
hours of work that week; in all other cases by
the regular employee.
Award Number 22386
Docket Number Ch-22244
"(e) Employes will not be required to suspend
work during regular hours to absorb overtime."
Page 2
Under the facts of the case, it cannot be said the Clalnant
was required to suspend work to absorb overtime. The claim is not
supported by Rule
34,
and therefore 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 Ebployes 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,
ATTEST:
Executive Secretary
NATIONAL RAILROAD qDJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 16th day of April
1979.
