Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 30406
Docket No. CL-30679
94-3-92-3-461
The Third. Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(Transportation-Communications International
( Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former
( Chesapeake and Ohio Railway Company)
STATEMENT OF CLAIM:
"Claim of the System committee of the organization (GL10828) that:
1. Carrier violated the Agreement between the
parties when on August 11, 1990, it failed to
use Clerk G. H. Sweda to perform overtime work
as Relief Car Distributor, Position 0740-126.
2. Carrier shall now be required to compensate
Clerk G. H. Sweda eight
(e)
hours at the
overtime rate of $2,843.93 per month for
August 11, 1990, account available and not
used."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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.
Form 1 Award No. 30406
Page 2 Docket No. CL-30679
94-3-92-3-461
On Saturday, August 11, 1990, a temporary vacancy occurred on
the "Manual Room" Relief Car Distributor, Position No. 0740-126.
Carrier filled the vacancy by having two incumbent Manual Room Car
Distributors split the shift. The organization filed a Claim
contending that splitting the shift was improper, and that
Claimant, who is not an incumbent of a Manual Room Car Distributor
position, should have been called.
Rule 35 provides for "local agreement" in the allocation of
overtime. The operative instructions applicable for Manual Room
Car Distributor overtime, provide, in part:
"It should be noted that the four regular incumbents of
Manual Room positions have first preference, not only for
his/her regular shift but also for any other time which
becomes available in the Manual Room operation."
This provision makes it clear that incumbents of Manual Room
positions have preference for "any other time which becomes
available" in the operation. The organization has not cited a
provision that prohibits the splitting of this "any other time"
between two employees. Accordingly, none can be read into the
Agreement. The Claim is without Rule support.
AWARD
Claim denied.
O R D E R
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) not
be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 8th day of August 1994.