Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29222
THIRD DIVISION Docket No. MW-28510
92-3-88-3-324
The Third Division consisted of the regular members and in
addition Referee Gil Vernon when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier compensated Water
Service Mechanic R. Vironda at his straight time rate instead of his time and
one-half overtime rate of pay for the eight (8) hours of service he performed
each day on September 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 22, 23, 24,
October 6, 7, 8, 9, 10, 13, 14, 15 and 16, 1986 (System File BJ-21-86/UM37-86).
(2) As a consequence of the violation referred to in Part (1) above,
Mr. R. Vironda shall be compensated for the difference between what he was
paid at the straight time rate and what he should have received at the time
and one-half overtime rate for the work he performed on the dates listed in
Part (1) above and on subsequent continuing dates until such time as the
violation was corrected."
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 facts in this case are essentially similar to those in Third
Division Award 29220. 'he Carrier abolished all positions and then recalled
the Claimant. The claim seeks time and one-half for all hours worked during
his period of recall pursuant to Rule 53(c).
For the reasons expressed in Award 29220, the Organization's application of Rule 53(c) cannot be sup
Form 1 Award No. 29222
Page 2 Docket No. MW-28510
92-3-88-3-324
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
ancy J. -Executive Secretary
Dated at Chicago, Illinois, this 7th day of May 1992.