Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27150
THIRD DIVISION Docket No. MW-27217
88-3-86-3-292
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 the Carrier assigned and used
Repairman Foreman J. C. Campbell to perform overtime service on January 7,
1985, instead of assigning and using Repairman K. Gruver, who was available,
qualified and willing to perform that service (System File NEC-BMWE-SD-1222).
(2) Because of the aforesaid violation, Repairman K. Gruver shall be
allowed an additional five and one-half (5 1/2) 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
000,
Attest:
Nancy J~er - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.