NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-24602
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-9598)
that:
1. Carrier violated the Agreement between the parties when for each
and everyday, June 13 through 17, 1980 and June 20 through 24, 1980, it failed
or refused to properly compensate Towerman-Operator J. M. Weingaertner, twenty (20)
minutes overtime for said days while he was on vacation.
2. Carrier shall now be required to compensate Claimant J. M. Weingaertner
twenty (20) minutes at the overtime rate for ten (10) days, June 13 through
17 and June 20 through 24, 1980, while he was on vacation, rate $13.94 per hour.
OPINION OF BOARD: At the time this dispute arose, Claimant J. M. Weingaertner
was a Powerman-Operator assigned to Tower PT at Carrier's
Rigby Yard in Portland, Maine. During the period January 1, 1979 to June 9, 1980,
Claimant worked twenty minutes during his lunch period in addition to his regular
hours on all but twenty-four working days. From June 13 through June 17, 1980 and
from June 20 through June 24, 1980, Claimant was on vacation.
The Organization contends that Claimant should have been compensated
for twenty minutes overtime for each day he was on vacation, in addition to his
regular vacation pay. It argues that Carrier's failure to do so violates Article 7
of the National Vacation Agreement. That article reads, in relevant part:
"7(a) An employee having a regular assignment will be paid while on
vacation the daily compensation paid by the Carrier for such assignment.
7(b) An employe paid a daily rate to cover all services rendered,
including overtime, shall have no deduction made from his established
daily rate on account of vacation allowances made pursuant to this
agreement."
In the Organization's view, Claimant worked his lunch period so often durinu
1979 and 1980 that such overtime became a regular part of his assignment.
Thus, the Organization reasons that his daily compensation rate included the twenty
minutes of overtime he worked nearly every working day prior to his going on
vacation in June 1980. Accordingly, the Organization concludes that Claimant
should be compensated for his twenty minutes overtime work while he was on
vacation.
Carrier, on the other hand, suggests that for overtime work to be counted
in vacation pay, it must occur every working day on a regular basis. Since
Claimant did not work overtime on some days prior to June, 1980, Carrier concludes
that he is not entitled to overtime compensation during his vacation this month.
Award Number 24831 Page 2
Locket Number CL-24602
This dispute centers on the nature of Claimant's lunch period overtime
service in 1979 and 1980. If it was regular then the claim must be sustained;
if it was casual, then the claim must be rejected.
A careful review of the record evidence and relevant awards cited by
the parties convinces us that the overtime work in question was not regular and
that the claim must fail. This is so for a number of reasons. First, the
lunch period overtime work, while occurring frequently, did not take place
every day. Thus, it was performed on an intermittent basis and as such, was
not part of Claimant's regular assignment.
Second, the record evidence reveals that the overtime work was caused
by interruptions in Claimant's lunch period. These interruptions came,for the
most part, in the form of telephone or radio calls. Such calls were not predictable.
Accordingly, the work they produced was also not predictable. Thus, it was not
part of Claimant's regular assignment as contemplated by Article 7 of the National
Vacation Agreement.
Finally, Awards cited by Carrier are closer to the facts of this case
than those cited by the Organization. For example, in Award No. 14640, Claimant
was advised ahead of time that he would be required to work overtime to set
signals in June 1961. As such, the work "was clearly expected,-not left to
chance." Here, however, the lunch period overtime was not clearly expected.
Instead, it arose as a result of radio and telephone calls whose occurrence was
essentially unpredictable.
We are in accord with this Board's definition of "casual and unassigned
overtime" which is found in Award No. 4498, quoted in Award No. 16684.
"Casual overtime means overtime the duration of which depends
upon
contingency or
chance, such as service requirements of
unforeseen events. Whether such overtime assumes a degree of
regularity is not a controlling factor. (Emphasis supplied.)
Here, Claimant's overtime depended upon radio or phone calls, both
chance
contingencies. Even
though such calls assumed "a degree of regularity,"
they did not by their very nature become part of Claimant's regular assignment.
Thus, the overtime which resulted from such calls was properly excluded from
Claimant's vacation compensation. Accordingly, and for the foregoing reasons,
the claim must fail.
FINDINGS: The Third Division of the Adjustment Board, upon the whole reason
and all the evidence, furls and holds:
That the parties waived oral hearing;
That the Carrier and the Fhtployes 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 jurisidiction over the
dispute involved herein; and
Locket Number CL-24602 Page 3
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J: ver - Executive Secretary
Dated at Chicago, Illinois, this 16th day of May, 1984