Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29039
THIRD DIVISION Docket No. MW-27054
91-3-86-3-98
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis 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 Carrier violated the Agreement when it assigned a junior
welder to perform overtime service on September 15 and 22, 1984 instead of
calling and using Welder J. Nemeth who was senior, available and willing to
perform that service (System File NEC-BMWE-SD-1128).
(2) Welder J. Nemeth shall be allowed an additional four (4) hours
of pay at his one-half time rate for September 15, 1984 and sixteen (16) hours
of pay at his time and one-half rate for September 22, 1984."
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.
Claimant holds seniority as a Welder assigned to Carrier's facility
in Newark, New Jersey. His regular workweek was Monday through Friday, with
Saturday and Sunday as rest days. On September 17, 18, 19, 20, and 21, 1984,
Claimant took his vacation. (Monday through Friday).
On Saturday, September 15, and Saturday, September 22, Carrier used a
junior Welder to perform overtime work customarily and ordinarily performed by
Claimant. Claimant contends that he should have been called to perform the
Saturday overtime work, even though he was officially on vacation during the
workweek between the two Saturdays. Claimant requests four hours at the
punitive rate for September 15, 1984, and sixteen hours at the punitive rate
for September 22, 1984.
Form 1 Award No. 29039
Page 2 Docket No. MW-27054
91-3-86-3-98
During the discussion of this claim on the property, Carrier paid
Claimant four hours at the straight-time rate for failing to call him for
overtime work on September 15, 1984. Carrier denied the claim for sixteen
hours on September 22, 1984. It contended that Claimant was considered to
be on vacation on the weekend following his vacation, and since he had not
notified Carrier in writing that he was available for overtime work on the
Saturday and Sunday following his vacation, he was not called. Carrier also
contends that payment for time not worked should be at the straight-time rate,
not the punitive rate.
The Organization contends that Claimant was not on vacation on his
rest day following his vacation and that Carrier should have called him for
overtime. It also maintained prior to the final declination of this claim on
the property that Claimant did Inform a fellow employee, who in turn informed
Claimant's Supervisor, that Claimant would be available for overtime work on
September 22, 1984.
This Board has reviewed the record of this case and concludes that
Carrier did not act in violation of the Agreement in this instance.
Carrier has taken the position that an employee's vacation extends
through the two rest days after the vacation period and consequently has not
disturbed employees for work on these days. This Board agrees with Carrier in
this regard.
The Organization's contention that Claimant notified Carrier of his
availability for work on September 22, 1984, is not persuasive. To give a
message to a fellow employee to be passed on to a Supervisor in such a situation cannot be construed
Finally, the Organization's claim that pay for lost overtime opportunities must be reimbursed at the
Awards on this property. Cases of this Board too numerous to list have consistently held that pay fo
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
,_
Nancy J D~r - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of November 1991.