NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
MW-22497
William M. Edgett,.Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
3TATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when a trackman junior to
Trackman L. H. Penton was called and used for overtime service on September
3
and
4, 1976
and, as a consequence thereof
fifty (50)(minut s Claimant and allowed te (Total $80.84nine
(9)
hours ).
(System File
C-4 (36) - LHP/12-26 (77-lo) J2)11
OPINION OF BOARD: Claimant was called for overtime service because of a
derailment but his foreman was unable to reach him.
Carrier decided not to clear the wreck immediately and the men who reported
were paid a call. They were brought in on the following day, a Saturday,
and cleared the derailment. Claimant was not called for the Saturday
service and a junior man was used.
The record shows that his foreman called, but was unable to
reach Claimant on September
3.
His claim for that date will be denied.
Claimant was not called for service on September
4,
his claim for that date
will be sustained.
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;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
Award Number 23071
Docket Number D&7-22497
That the Agreement was violated.
A W A R D
1. The claim for September
3
is denied.
2. The claim for September 4 is sustained.
Page 2
NATIONAL RAILROAD ADJM24ENT BOARD
By Order of Third Division
ATTEST:
// i
P"zWonew-
Mcftutift Secretary
Dated at
Chicago,
Illinois, this 21st day of November 1980.
