NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24856
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Eastern Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
Claimant Machine Operator G. L. Burks shall be reimbursed for all
overtime compensation loss suffered by'him as a result of being improperly
suspended from the Carrier's service September 14 through September 28, 1981,
both dates inclusive (System File MW-82-23/336-89-A).
OPINION OF BOARD: Claimant G. L. Burks was a Machine Operator in Carrier's
employ at Dayton, Texas. He was suspended from service on
September 14, 1981, and returned to service on September 29, 1981. His suspension
resulted from charges of insubordination. Those charges were dropped by Carrier
and Claimant was paid at the pro rata rate for all time lost. Claimant now
seeks pay for lost overtime,opportunity during the period that he was unjustly
suspended. ,.
Petitioner bases its request for lost overtime on Article 14(e),
wherein it states that payment will be made for assigned working hours actually
lost at the rate of pay of the Position formerly held. Claimant contends that
his machine worked overtime during the period that he was suspended and that if
he had been working, he would have earned the overtime pay.
Carrier takes the position that a settlement was arrived at in Claimant's
insubordination case on the property and that the demand for overtime payments
is inappropriate at this time.
We have reviewed the record before us and have concluded that Carrier
properly settled the insubordination case against Claimant. An additional
request for lost overtime is not appropriate. This Board has, on numerous
occasions, remarked about the speculative nature of lost overtime claims and
has generally denied them. We find no sound basis in the record before us in
this case to do otherwise.
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;
Award Number 25281 Page 2
Docket Number MW-24856
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: /~c/ ~y fC .
-' Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1985.,