Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26829
THIRD DIVISION Docket No. MW-26523
88-3-85-3-260
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(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 Repairman
K. Strabley to fill a temporary vacancy as foreman of the 'shipping crew' at
the Canton Shop on July 29 and 30, 1983, instead of assigning and using
Foreman M. North who was available, willing and qualified to fill that vacancy
(System Docket CR-674).
(2) Because of the aforesaid violation, Mr. M. North shall be
allowed four (4) hours of pay at the foreman's time and one-half rate."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
During the second shift on July 29, 1983, Carrier determined that it
would require the services of a temporary Foreman to supervise the loading and
tie-down of machinery being shipped from its Canton MW Repair Shop. At 5:30
P.M., it upgraded the senior qualified repairman working on the shift to the
temporary position. The upgraded repairman worked four hours of overtime.
Claimant was working his assigned Foreman's position during the second shift
on the day involved. He contends he should have been used to work the temporary assignment, includin
This Board does not agree. The Organization failed to establish that
any provisions of its Agreement were violated when a qualified repairman was
assigned to work as a temporary Foreman. There is no showing that, at the
time of assignment, overtime was anticipated.
Form I Award No. 26829
Page 2 Docket No. MW-26523
88-3-85-3-260
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
;~a.,
Nancy J. D,wOW- Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.