Joseph A. Sickles, Referee


Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE: Burlington Northern Railroad Company ( (formerly St. IAnis-San Francisco Railway Company)

STATEMENT OF CLAM: "(Dorm o! the System Committee of the Brotherhood that:

(1) The Agreement vas violated when the Carrier failed and refused to compensate Mechanic R. S. Hails for time worked following his regular assigned nark period on March 20, 27, 31, April 3,9 10, 17, 1980 sad for tins worked during rest days on March 16, 23, April 6, 13, 19 sad 20, 1980 (System File H-1948/D-9978)·

(2) An s consequence of the aforesaid violation,, Mechanic R. E. Hails shall be allowed 52.2 hours of pay at his time and one-half rate."

OPINION OF HOARD: The Claimant is n Travelling Maintenance of Eqni~ent Mechanic
and, according to ham, he vas required to load aad/ar unload
machine parts at his nark point ar the Roadway Equipment Shop and to transport
parts between certain points~vith the Ghrrier's truck preceding or following -
but continuous with · his regular assigameat'ar on his rest days* The Claimant
submitted claims for overtime service seeking time cad one-half pay for the.
pertinent time spent sad he cites certain Rules assestedly is support of the
claim*

The Claimant noes Company-provided transportation sad it is conceded that he does carry certain parts and does compute. However, the Company points out that he does receive a "call" of two boas and forty minutes at the overtime rata of pap when he delivers defective pasts from the nark location cad picks up new parts and supplies to take back to the nark location*

Notwithstanding the arguments advanced by the parties concerning compensation to this Employe and to others who perform the same type of nark, we have not read anything in the Rules Agreement which tends to support the conclusions reached by this C)almeat.

As we understand the facts of the ease it is our conclusion that the compensation paid to the Claimant herein is in accordance with the contractual requirements and ther
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
        and all the evidence., finds and holds: __

                          Award Number 24166 Page 2

                        Docket Number MW-24330


        That the parties waived oral hearing;


That the Carrier and the Rap7.oyes involved in this dispute are respectively mrricr and Employes within the meaning of the Railway Isbor Act, as approved June 21, 19341

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                            A il A $ D


        Claim denied.


                              RATIONAL RAa.ROAD ADJDS9KIM'1' BOAED

                              8y Order of Third Division


ATIWT: Acting Executive Secretary
Rational "Wroad Adjustment Hoard

By
Rosemarie Breach - tratl a Assistant

Dated at mi.cago, Illinois, this 15th day ac February 1983.

                                          oECEIVED\


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