NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-25871
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:
(1) The Carrier violated the Agreement when it failed to call
Machine Operator H. R. Brittingham for overtime service on September 10 and
11, 1983 but called and used Machine Operator R. Velasquez therefor (System
File MW-83-105/402-12-A).
(2) Machine Operator H. R. Brittingham shall be allowed thirtyseven (37) hours of pay at his ove
to in Part (1) hereof."
OPINION OF BOARD: Claimant, a Machine Operator, was not given overtime work
on September 10 and 11, 1983; instead, an employe junior to,
Claimant was called in and given the work. Claimant contends that he should
have been given the work. Carrier contends that Claimant was called, but he
was not available to answer the phone, so he could not be offered the work in
question.
This Board has reviewed the record and concludes that Carrier was
not required to work Claimant on September 10, 1983, but that Carrier officials should have continue
September 11, 1983. Given Carrier's failure to follow up in this instance, we
shall award Claimant 18.5 hours of pay at the straight-time rate.
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 violated.
Award Number 26537 Page 2
Docket Number HW-25871
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. e - Executive Secretary
Dated at Chicago, Illinois, this 30th day of September 1987.