Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27147
THIRD DIVISION Docket No. MW-27211
88-3-86-3-285
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation
(Amtrak) - Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when Machine Operator V. Phillips was
not called to perform overtime service on his assigned position on December 7,
1984 (System File NEC-BMWE-SD-1223).
(2) Because of the aforesaid violation, Machine Operator V. Phillips
shall be allowed an additional nine (9) hours of pay at his one-half time
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 employees 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.
Based on the Board's reasoning in Third Division Award 27146, we
shall deny this claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J.,86Wr - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.