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





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.





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.







Form 1 Award No. 31427
Page 3 Docket No. CL-32084


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.