NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24330
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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