NATIONAL
RAILROAD ADJUS=ir BOARD
THIRD
DIVISION
Docket Number CL-24188
Herbert L. Marx, Jr., Referee
Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and. Station Employee
PARTIES TO DISPUTE:
(Maine Central Railroad Company (Portland Terminal Company)
STATEMENT CF CLAIM: Claim of the System Committee of the Brotherhood
(GL-9490)
that:
1. Carrier violated the Agreement between the Parties.
August
16, 1979,
when it assigned overtime of four sad one-half
(42)
hours
at
$8.193
per hour to junior employee as Store Helper, because said position worked
42
hours' overtime.
2.
Carrier shall compensate Willie
G.
Childs., Store Helper, four
and one-half
(42)
hours' pay
$8.193
per hour, August 16,
1979,
account said
duties of assisting as Store Helper to Woodland., Maine, were delegated to
junior employee. Senior employee was not properly used for the overtime
on this position.
..
OPINION CF
BOARD: On August
16, 1979,
Claimant was regularly assigned to
and worked the position of Crane Operator at Waterville
Stores Department,, Waterville., Maine. On that date a second crane, which
operated in the Stores Department and which was manned by ,junior Crane
Operator
L.
E. Swett: became inoperative. Thereupon the Carrier utilized
Swett as a helper on a Stores Department delivery truck. Swett, along with
the Stares Department Truck Driver, worked
4-1/2
hours overtime that date.
The overtime work is the source of complaint in this dispute.
The Board has reviewed the entire record is this case and is
unable to find any agreement violation.
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 is this dispute are
respectively Carrier and Employee 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 Nwnber 24156 Page 2
Docket Pt=ber CL-24188
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ALI7UST<IMdT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
: U,~e
By
Rosemarie Bras - Administrative Assistant
6.00-407
Dated at Chicago.0 1113noiso this15th day of PbbraevrY
1983.