Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27089
THIRD DIVISION Docket No. MW-26807
88-3-85-3-559
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Britherhood if :Maintenance if Way Employes
PARTIES TO DISPUTE:
(Natiina1 Railroad Passenger Corporation - (Amtrak)
Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when Burro Crane Operator J.
Dalessandro was not used to perform overtime service continuous with his
regular assignment on his assigned position (operator of Crane 8801) on March
19 and 20, 1984 (System File NEC-BMWE-SD-984).
(2) Burro Crane Operator J. Dalessandro shall be allowed six (6)
hours of pay at his 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.
The record shows that the Carrier and the Organization agreed that
the Claimant must be compensated for six hours of work to which his seniority
entitled him. The only remaining question is whether he should be compensated
at straight time or at the one and one-half time rate. Thus, this claim
parallels that considered in Third Division Award 27088, and the Board incorporates its findi
reached here.
The claim is sustained, but only at the straight time rate, if not
previously allowed.
Form 1 Award No. 27089
Page 2 Docket No. MW-26807
88-3-85-3-559
A W A R D
Claim sustained in accirdance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
nrt
Attest:
Ile
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 17th day of May 1988.