NATIONAL RAILROAD ADJUS24MT HOARD
THIRD DI71SION Docket Number CL-24281
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Rxpress and Station Employee.
PARTIES TO DISPUTE:
(Missouri-Mums-Texas Railroad Company
STATEMENT OF CLAll'I: Claim of the System Oomeittee of the Brotherhood
(GL-9496) that:
(1) The Missouri-Kansas-Texas Railroad Company violated the
current Rules Agreement between the parties, DP-451, including but not
limited to Rule 45(f), when an Tuesday. June 17, 1980, it used General
Clerk L. _. Schuth to perform duties at the ovsstims rate that are assigned to Chauffeur Haley G. Sc
(2) Carrier shall compensate Chauffeur Riley G. Schuth six (6)
hours' pay at the time and one-half rate of the Chauffeur's Position at
Denison.. Texas, in addition to any other monies earned on that date.
OPINION CF HOARD: The Claimant is the occupant of a Chauffeur position in
the Purchasing and Stores Department. On the day in ques
tion, the Carrier used a different Clerk to drive the Purchasing and Stores
Department track to deliver and unload supplies. The Driver was compensated
at the overtime rate, for a total of six (6) hours of overtime.
The Hkploye relies on Rule 45(f) which provides that for overtime
before or after assigned hours, employee regularly assigned to the class of
work for which overtime is necessary shall be given preference. Is this reward, the Eoploys cites Bu
and which specifies that the incumbent of the position loads, wn7.oada and
operates the Stores Department truck. Farther, the
Employ*
points out that
there is no sisal" description concerning the "ties of the Clerk who actually performed the work on
The Carrier assts that the overtime in question was casual and
was not the usual and custasary work of any position in the Purchasing and
Stores Department and it denies that the Stores Department truck is exclusively assigned to the Clai
We do not dispute the authority cited by the Organisation in this
case but we do not treat the facts here as analagrnss to a "mark on unassigned
day" situation.
Award Number 24374
Docket Number CL-24281
Page 2
We searched the record in vain to find evidence rhich establishes
that the work in question is exclusively performed by the Claimant and accordingly ve do not find th
FMINGS: 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 aid the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Iabor
Acts, 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: Acting Executive Secretary
National Railroad Adjustment Board
By
A
:~a
Rosemarie Branch - Administrative Assistant
NA'!?OAAL PAILRDA9 AWWTMENT BOARD
8y Order of Third Division
Dated at Chicago, Illinaiss this IM day of May
1983.
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