Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28630
THIRD DIVISION Docket No. SG-28978
90-3-89-3-398
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM:
"Claim on behalf of J. H. Mullen, for 40 hours pay at his pro-rata
rate of pay and 8 hours and 20 minutes pay at his punitive rate of pay,
account of the Carrier violated the current Signalmen's Agreement, as amended,
particularly, the Vacation Agreement, when it did not provide proper relief
for vacationing maintainer, when it used Signal Maintainers T. W. Fogarty and
G. J. Wees more than the 259% of workload for the week of June 13-17, 1988, on
vacationing signal maintainers' territories." Carrier file No. SIG 181-44.
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 Organization asserts that employees worked more than 25 percent
of the required work load on a vacationing maintainer's district, which
prompted this Claim on behalf of a relief worker, for June 13-17, 1988.
There is absolutely no evidence-in the record concerning June 16 and
17, 1988. However, our review of the documents convinces us that the Carrier
violated the 25 percent rule regarding June 13, 14 and 15.
We do not find a basis for overtime compbnsation in this particular
record. Accordingly we will sustain the Claim for eight (8) hours at the
straight time rate for June 13, 14 and 15, 1988.
Form 1 Award
No.
28630
Page 2 Docket
No.
SG-28978
90-3-89-3-398
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. p -Executive Secretary
Dated at Chicago, Illinois, this 17th day of December 1990.