NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25993
Rodney E. Dennis, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
1. The Carrier violated the Agreement when it assigned junior Trackman W. L. Morgan to perform o
instead of assigning and using Trackman W. C. Walker, who was senior, available and willing to perfo
2. Mr. W. C. Walker shall be allowed forty-five (45) hours of pay
at the camp car attendant's time and one-half rare because of the violation
referred to in Part (1) hereof."
OPINION OF BOARD: The Claimant was senior to Trackman L. L. Morgan who was
used to perform overtime service on August 22, 23, 24,
1980. Morgan was used to watch camp cars over the long weekend. Morgan was
asked to perform the service because he was one of the last qualified Trackmen
still at the site when it became known that the regular Camp Car Attendant
could not perform the service. The Organization contends that since Claimant
was senior to Morgan, he should have been asked to perform the overtime ser
vice. Carrier agrees with this position but asserts that Claimant had al
ready left the camp cars for home when the need for a replacement attendant
came up. Claimant contends that he was in the kitchen of the camp car waiting
for his ride home and had not left the site.
The Board has reviewed the record of this case and must conclude that
Carrier erred in not attempting to seek out the most senior qualified Camp
Attendant available at the site when Mr. Morgan was assigned as Camp Attendant. The Carrier has, as
the most senior qualified available employe to perform the overtime work. We
find nothing in the record to demonstrate that Carrier officials made an
effort to seek out the most senior man, nor do we find any information in the
record to support Carrier's contention that Claimant had left the property and
was headed home. We therefore shall sustain the Claim.
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 26427 Page 2
Docket Number MW-25993
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D er - Executive Secretary
Dated at Chicago, Illinois, this 24th day of August 1987.