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 employe 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.
This Claim concerns the assignment of work of driving a truck for 3-1/2 hours immediately following the end of the regular work day. The claimant holds seniority in the Track Subdepartment, Group l and is qualified as a Truck Driver (although on the day. in question, as pointed out by the Carrier, he had been working as a Group 1 Laborer). The work was assigned instead to a Group 2 Machine Operator. Form 1 Award No. 29724
There is adequate Rule support for the organization's position that the work should have been assigned to the Claimant. Rule 31, overtime, states in part:
Motor Truck operators are included in Group 1 (c) of the Track Subdepartment. The seniority involved here refers to "respective seniority groups", that is, Group 1 as contrasted with Group 2. As recognized by the Carrier, the overtime work in question was that of operating a truck and required an employee qualified as a Truck Driver.
The Carrier notes that the employee assigned was senior to the Claimant in Truck Driver seniority and points to Rule 13 (d) concerning the filling of temporary vacancies. The Board does not perceive the assignment of 3-1/2 hours of overtime work as a new or temporary vacancy. Other Awards cited by the Carrier are based on dissimilar fact situations.
CARRIER MEMBERS' DISSENT
TO
AWARD 29724, DOCKET MW-29275
(Referee Marx)
Neither Claimant nor Mr. Glenn was assigned a truck driving position on February 6, 1989. Claimant held a first trick group 1 laborer position and Mr. Glenn was working a first trick group 2 machine operator position. It is undisputed that between these two individuals, Mr. Glenn was senior as a group 1 motor truck operator.
The Ma3ority acknowledges that in accordance with Rule 31, the senior available employee will be given preference in performing overtime. Claimant was not the senior available employee. Truck driving is not exclusively reserved to Group 1(c), see Third Division Awards 13230, 22761 involving the same parties.
Rule 13 (d) was not cited as justification for the use of Glenn on a temporary vacancy since there was no temporary vacancy that was involved in this case. Rule 13 (d) was cited for the proposition that the Carrier had up to 30 days to establish a position and that such extra work could be handled under Rule 31 until a position was bulletined. We agree that 3 1/2 of overtime work does not require the establishment of a position.
Both Claimant and Mr. Glenn had worked first trick and were available for "preference" for overtime work pursuant to the second paragraph of Rule 31 (g). This decision ignores Mr. Glenn's seniority standing s a motor truck operator.