Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31427
Docket No. CL-32084
96-3-94-3-480
The Third Division consisted of the regular members and in
addition Referee Robert Richter when award was rendered.
(Transportation Communications International
( Union
PARTIES TO DISPUTE:
(The Belt Railway of Chicago
STATEMENT OF CLAIM: "Claim of the System Committee of the
Union (GL-11082) that:
1. Carrier violated the agreement when it
required and/or permitted other employees to
suspend work on their own positions on various
dates for the purpose of absorbing overtime
which would otherwise have been worked by Mr.
Edward Pollard:
2. Carrier shall now compensate Mr. Pollard for
eight (8) hours' pay at the time and one-half
rate for September 18, and two (2) hours' pay
at the time and one-half rate for September
23, 1993."
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.
The Claimant occupied the position of Timekeeper and
Distribution Clerk. Part of the responsibility of the position was
to process payroll documents. On September 17 and 23, 1993, the
General Bookkeeper assisted the Claimant in the processing of
payroll records. The General Bookkeeper then worked overtime on
September 18 and 23, 1993. Both employees work in the same office.
Forth 1 Award No. 31427
Page 2 Docket No. CL-32084
96-3-94-3-480
The Organization filed this claim on the basis the General
Bookkeeper had suspended the work of General Bookkeeper to work
with the Claimant. In so doing the Carrier deprived the Claimant
of working overtime on the Timekeeper and Distribution position.
The Organizations position is that the Carrier violated Rules
45(e) and 48 of the Schedule Agreement.
Rule 45(e) reads as follows:
"(e) In working overtime before or after assigned hours,
employees regularly assigned to class of work for which
overtime is necessary shall be given preference; the same
principle shall apply in working extra time on rest days
and holidays."
The only overtime that is claimed in this case is work
performed by the General Bookkeeper on that position. The
Organization does not claim the General Bookkeeper worked overtime
in the Claimant's position. That being the case the Carrier did
not violate the Agreement when it used the General Bookkeeper to
perform the overtime.
Rule 48 reads as follows:
"RULE 48 - ABSORBING
OVERTIME
Employees will not be required to suspend work during
regular !ours to absorb overtime.
NOTE 1: Under the provisions of this rule, an
employee may not be requested to suspend work
and pay during his tour or duty to absorb
overtime previously earned or in anticipation
of overtime to be earned by him. It is not
intended that an employee cross craft lines to
assist another employee. It is the intention,
however, that an employee may be used to
assist another employee during his tour of
duty in the same office or location where he
works and in the same seniority district
without penalty. An employee assisting
another employee on a position paying a higher
rate will receive the higher rate for time
worked while assisting such employee, except
that existing rules which provide for payment
of the highest rate for entire tour of duty
will continue in effect. An employee
assisting another employee on a position
paying same or lower rate will not have his
rate reduced."
Form 1 Award No. 31427
Page 3 Docket No. CL-32084
96-3-94-3-480
The record is clear, no employee was required to suspend work
and pay in this case. Not only is that a fact, the Rule
specifically states that employees may be used to assist other
employees without penalty.
The Agreement was not violated.
AWARD
Claim denied.
ORDER
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 21st day of March 1996.