NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24603
Martin F. Scheinman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Maine Central Railroad Company - Portland Terminal Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9596)
that:
1. Carrier violated the Agreement between the parties when on August
6, 1980, it did not use Clerk S. E. Merrill to cover the Clerk's assignment for
Position 16R, 3:00 P.M., to 11:00 P.M., Rigby, Maine.
2. Carrier shall compensate S. E. Merrill, Clerk, Machine Room, Rigby,
Maine, eight (8) hours at the double time rate of pay for August 6, 1980.
OPINION OF BOARD: The relevant facts of this claim are not in dispute. On
August 5, 1980, Claimant, S. E. Merrill, worked his regular
Clerk's position from 11:00 p.m. to 7:00 a.m., August 6, 1980. Following this
trick, Claimant worked the 7:00 a.m. to 3:00 p.m. trick in Position 7-R. He was
compensated time and one-half for this service. Also, on that day, a vacancy
arose on the 3:00 p.m. - 11:00 p.m. trick in the capacity of instructor teaching
a new machine operator. Claimant asked to work this trick as well, at double time
rate of pay. Carrier denied Claimant's request. Instead, it allowed a clerk junior
to Claimant to work this trick at time and one-half rate of pay.
The Organization contends that Carrier's failure to allow Claimant to
work the 3:00 - 11:00 p.m. trick on August 6, 1980 violates Rules 3 and 16 of the
Agreement. These rules read, in relevant part:
"Rule 3(b) - SENIORITY DISTRICT:
Within the confines of each seniority district, employees have
prior rights in accordance with their length of service within the
district (fitness and ability being sufficient) to promotion,
assignment, displacement and work."
"Rule 16 - DAY'S WORK AND OVERTIME
(a) Except as otherwise provided in these rules, eight (8)
consecutive hours exclusive of the meal period shall constitute
a day's work. Except as otherwise provided in these rules tune
worked in excess of eight (8) hours on any day will be considered
as overtime and on the minute basis at the rate of time and onehalf. Time worked in excess of sixtee
be paid at the rate of double time.
,_T.___ _
Award Number 24707 Page 2
Docket Number CL-24603
"(e) Where work is required by the Carrier to be performed on a
day which is not a part of any assignment, it may be performed by
an available extra or unassigned employe who will otherwise not
have forty hours of work that week; in all other cases by the
employee."
The Organization maintains that these rules require that the senior
employe be assigned when a position vacancy occurs. Here, Claimant was senior
to the Clerk who was awarded the third trick position on August 6. Thus, the
Organization concludes that Claimant should have been awarded that vacancy.
The Organization acknowledges that if Claimant did fill the position
in question, he would have worked twenty-four straight hours. However, the
Organization points out that Rule 16(a) specifically sets forth the rate of pay,
double time, for those employes working more than sixteen hours in any one day.
Thus, the Organization reasons that Rule 16(a) contemplates that employes will
work in excess of sixteen hours in a day.
Finally, the Organization asserts that Carrier's sole reason for
denying Claimant the opportunity to work the third trick was economy. By
assigning a junior clerk to that position, Carrier paid him time and one-half
instead of the double time rate to which Claimant would have been entitled.
In the Organization's view, Carrier may not discount Claimant's seniority simply
to save money. Accordingly, the Organization asks that the claim be sustained
and that Claimant be compensated eight hours at the double time rate of pay for
August 6, 1980.
Carrier, on the other hand, asserts that it has not violated the
Agreement here. It argues that it has the right to cover jobs at less punitive
rate and not violate the Agreement. Here, Carrier insists that Claimant, after
sixteen consecutive hours of work, would not have performed adequately as an
instructor working with an inexperienced operator. Thus, it maintains that it
could call in a more rested though junior employe to fill that position at a
less punitive rate than that to which Claimant would have been entitled.
Our review of the Agreement reveals that the claim must fail. This is
so for a number of reasons.
First, Rule 16(a) does not require that senior employes must be given
positions if they have worked sixteen hours in a single day. Instead, it provides
that _if employes work more than sixteen hours, they are to be paid double time for
such work. Thus, Rule 16(a) does not mandate that the position in question be
given to Claimant.
Second, under the facts of this case, Carrier could reasonably conclude
that Claimant would not be sufficiently rested to perform adequately as an
instructor with an inexperienced employe. Thus, Carrier could deny the position
in question to Claimant account of his not being "sufficiently fit" to perform
this assignment.
Award Number 24707 Page 3
Docket Number CL-24603
Finally, we do not believe that Awards cited by the Organization support its
contention here. These Awards stand for the proposition that Agreements must be
interpreted according to their plain meaning. Here, however, no rule requires
that senior employes must be given an available position after working sixteen
hours in one day. Rather, Rule 16 (a) mandates the rate of pay for employes _if
they are awarded positions after working sixteen hours. Simply stated, then,
nothing in the Agreement required Carrier to award Claimant the position in
question. Thus, Carrier acted reasonably when it gave that vacancy to a more
rested, though junior Clerk. Accordingly, and for the foregoing reasons, the
claim must fail.
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
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST.
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 9th day of March, 1984.,
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