Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28152
THIRD DIVISION Docket No. MW-27536
89-3-86-3-793
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance of Way Employee
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 Lineman R. A. Tawny was not
allowed nine (9) hours of overtime pay for each week of his vacation (June 17
through June 21, 1985) (System File NEC-BMWE-SD-1380).
(2) Lineman R. A. Tawny shall be allowed nine (9) 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.
This Claim seeks additional compensation for Claimant while he was on
vacation. It is alleged that during the six month period preceding his vacation, Claimant regularly
contends, Claimant is entitled to be paid the daily compensation paid by the
Carrier as if he had remained at work; this compensation should include overtime worked by the Vacat
Carrier contends that the overtime worked by Claimant's Vacation
Relief Worker was "casual and unassigned" and, as such, it is specifically
excluded from inclusion in Claimant's Vacation pay allowance.
Form 1 Award No. 28152
Page 2 Docket No. MW-27536
89-3-86-3-793
We are not persuaded the Organization has established that the overtime Claimant's Vacation Reli
Not only is the record unclear as to the regularity and nature of the overtime
worked before and during the vacation period, but it is also confused with
regard to the amount of overtime worked by the Vacation Relief Worker. Accordingly, we have no alter
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. v -,Executive Secretary
Dated at Chicago, Illinois, this 16th day of October 1989.