Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27638
THIRD DIVISION Docket No. MW-27044
88-3-86-3-85
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 Mr. J.
Hartman to perform overtime service on September 9, 1984 instead of calling
and using Mr. B. Ecker who was available, senior and willing to perform that
service (System Docket CR-1246).
(2) Claimant B. Ecker shall be allowed twelve (12) hours of pay at
his time and one-half rate because of the violation referred to in Part (1)
hereof."
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 Claimant is a Boom Truck Operator who also holds seniority as a
Foreman. His claim concerns overtime work performed by a junior employee, who
also holds Foreman seniority, on Sunday, September 9, 1984, as a Pilot for
Track Broom BR 1147.
The Carrier's response was that the junior employee worked as Pilot
for the Track Broom "during the entire workweek preceding the date of the
overtime," while the Claimant "held a vehicle operator position and worked in
that capacity for the entire workweek."
In response, the organization provided signed statements from two
employees contending that the Claimant had performed the piloting work on
Friday, September 7, 1984. The Carrier provided no evidence on the property
Form 1 Award No. 27638
Page 2 Docket No. MW-27044
88-3-86-3-85
contrary to these statements. The Carrier offered a time record sheet for
that date in its Submission, but the Board cannot consider this, as it was not
presented on the property. Further, this time sheet does not demonstrate to
the Board any proof of the Carrier's contention concerning the Claimant's work
assignment immediately prior to September 9, 1984.
Rule 17 is applicable to such situations and 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."
Based on evidence presented on the property, the Board finds that the
Claimant was denied his seniority rights under Rule 17 to perform the piloting
work on September 9, 1984.
The Board finds that the claim for pay at the premium rate is appropriate, in keeping with gener
fact that such was not contested by the Carrier in the claims handling procedure on the property.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 16th day of December 1988.