Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27188
THIRD DIVISION Docket No. MW-26800
88-3-85-3-560
The Third Division consisted of the regular members and in
addition Referee George S. Roukis 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 a junior
repairman to perform overtime service on March 17 and 18, 1984 instead of
calling and using Repairman A. Edgell, who was senior, available and willing
to perform that service (System Docket CR-1125).
(2) Repairman A. Edgell shall be allowed sixteen (16) 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.
In reviewing the handling of this dispute on the property and before
this Board, it is this Board's position that Rule 17, the overtime rule, is
the controlling rule. The Canton Shop Agreement was superceded by the
February 1, 1982 Agreement. Claimant was senior to those who worked overtime
on the claim dates, however, under the circumstances of this case he was not
shown to be available to perform the work involved herein.
Form I Award No. 27188
Page 2 Docket No. MW-26800
88-3-85-3-560
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:,~/0#0
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Nancy . Diver - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.