Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27594
THIRD DIVISION Docket No. MW-27108
88-3-86-3-162
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr., 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
foreman to perform overtime service on November 18, 1984 instead of calling
and using Foreman R. J. Jacques who was senior, available and willing to perform that service (Syste
(2) Foreman R. J. Jacques shall be allowed seven (7) 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 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.
Claimant is an MW Track Foreman. On November 18, 1984, the Carrier
called a Foreman junior to the Claimant for an overtime assignment piloting a
tamper machine. The Organization argues that the Claimant was improperly denied
this overtime work. The Organization cites Rule 17, which reads as follows:
"RULE 17 - PREFERENCE FOR OVERTIME WORK
Employees will, if qualified and available, be
given preference for overtime work, including calls, on
work ordinarily and customarily performed by them during
the course of their work week or day in the order of their
seniority."
The Claimant had been out of service from 1981 until October 22, 1984.
He did not take and pass an examination on the Book of Rules and Timetable Special Instruction until
November 18, the Claimant was not qualified to be called for the overtime work.
The Carrier refers to its Transportation Department Rule 801 which states,
Form 1 Award No. 27594
Page 2 Docket No. MW-27108
88-3-86-3-162
"Track car drivers must satisfactorily pass the required annual examination
covering rules." Whether the Claimant was permitted to perform piloting work
during the brief period following his return to work and before the overtime
assignment was not clearly established.
The Board finds that the Carrier properly found the Claimant not "qualified", pending his comple
and an operating Rule, the former must prevail. Here, however, the Board finds
no such conflict. Rule 17 applies only to "qualified" employees.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J/Y6er - Executive Secretary
Dated at Chicago, Illinois, this 27th day of October 1988.