NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 29514
Docket No. MW-29197
93-3-90-3-64
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Brotherhood of Maintenance
(of Way Employes
PARTIES TO DISPUTE:
(Union Pacific Railroad Company (former
(Missouri Pacific Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when'the Carrier failed
to properly compensate Trackman K. D. Eichelberger for
the overtime service he performed on December 7, 1988
(Carrier's File 890023 MPR).
(2) As a consequence of the aforesaid violation,
Trackman K. D. Eichelberger shall be allowed pay for two
(2) hours and forty (40) minutes at the trackman's time
and one-half rate."
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 used another employee's truck on December 7, 1988.
When he was finished with the truck he took the keys to the vehicle
home. About 45 minutes after reaching his home he was notified to
return with the keys because the employee assigned the truck needed
it. He is claiming a call for returning the keys to the employee.
In the circumstances present, the Board finds the Claim to be
without merit. It will be denied.
Form 1 Award No. 29514
Page 2 Docket No. MW-29197
93-3-90-3-64
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
0000,
Attest:
Nancy J. ver - Executive Secretary
Dated at Chicago, Illinois, this 3rd day of February 1993.