Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28990
THIRD DIVISION Docket No. MW-27434
91-3-86-3-683
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Maintenance of Way Employes
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, on February 20, 21, 22, 23, 24,
25, 26, 27, 28 and March 1, 1985, the Carrier used Supervisors D. Denny,
E. Blair, J. Moore, J. Caughie, J. Crawford, R. Esposito and P. Sturgill to
install shelving at Delpro facilities (System File NEC-BMWE-SD-1337).
(2) B&B Foreman D. Cissin and B&B Mechanics R. Offschanka, M.
Lancianese, J. Fabe, D. Nesci and P. Roscoe shall each be allowed forty-four
(44) hours of pay at their respective time and one-half rates because of the
violations 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.
In February 1985, Carrier assigned seven non-Agreement Supervisors to
the task of constructing and installing shelves at Carrier's Delpro facilities. The Organization con
should have been assigned the work. The work was completed by the seven
Foremen in sixty-four hours at the straight-time and forty-six hours at the
overtime rate. The named Claimants each requested forty-four hours at the
overtime rate because they were denied the work in question. The Division
Engineer eventually paid the Claimants sixty-four hours on a straight-time
basis. What is before this Board is the question of whether payment at the
overtime rate is appropriate.
Form 1 Award No. 28990
Page 2 Docket No. MW-27434
91-3-86-3-683
This Board has reviewed the many arguments and citations placed in
the record by the parties. Based on this review, we are compelled to conclude
that the more reasoned opinion on the subject weighs heavily in favor of
Carrier paying straight time to successful claimants in cases involving loss
of work opportunity. We see no reason to conclude otherwise in this instance.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest _ aJy er - Executive ecreta_
ry
Dated at Chicago, Illinois, this 24th day of September 1991.