Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28391
THIRD DIVISION Docket No. SG-27873
90-3-87-3-607
The Third Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Long Island Rail Road Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
Company (LI):
On behalf of J. B. Kelly for 8 hours pay, plus all hours of overtime
that junior employee earned, plus his differential, account of Carrier violated the current Signalme
and 41, when on Saturday, February 8, 1986, it used a junior employee from
Gang No. 37, to perform overtime work. G.C. File SG-5-86. Carrier File
SG-5-86 (Kelly)"
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 were given due notice of hearing thereon.
On Friday, February 7, 1986, a severe snow storm hit the New York
metropolitan area and Carrier utilized available employees from Gang 37 for
emergency snow removal work on various passenger stations throughout that day.
Claimant was off work on a personal leave day on Friday, February 7, 1986, and
did not participate in the snow removal project. Due to continuous snow fall,
Carrier abandoned the snow removal effort at about 3:30 P.M. on Friday,
February 7, 1986, and polled and utilized employees who were doing that work
to continue the job at overtime rates on Saturday, February 8, 1986.
Form 1
Page 2
Claimant
been performing the
work at overtime on
40(g):
In denying the Claim
Award
No.
28391
Docket
No.
SG-27873
90-3-87-3-607
alleges that use of a junior employee from Gang 37 who had
snow removal work on February 7, 1986, to continue the
February 8, 1986, was a violation of his rights under Rule
"(g) When it becomes necessary to assign an
employee to an overtime assignment, such employee
shall be selected based on the following considerations:
1. Incumbent of the position for the the overtime is required.
'2. Senior qualified available employee working
in the class of the overtime assignment as
set out in Rule 13 at the section, subdivision or gang. In the event no such employee is available t
assignment, employees in an adjacent section,
subdivision or gang will then be considered
on the same basis."
, Carrier relied upon Rule 41 which reads as follows:
"Rule 41 - Pre-Determined Overtime
1. When a portion of a particular gang must be
worked on pre-determined overtime, those with greatest seniority will be given first opportunity on
following basis:
a. That such employes are able and qualified
for the particular job.
b. That such employes are members of the gang
working on the project prior to the overtime date.
c. That the scheduled overtime is a continuance of the project worked prior to the
overtime date."
Under the plain language of Rule 41(c) Claimant was not "working on
the project prior to the overtime date," i.e., the snow removal project which
began on February 7, 1986. There is no support for his Claim to the overtime
continuation of the project which he did not work prior to overtime date.
See Third Division Award 27161.
Form 1 Award No. 28391
Page 3 Docket No. SG-27873
90-3-87-3-607
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 25th day of May 1990.