Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31660
Docket No. MW-31196
96-3-93-3-185
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned junior
Vehicle Operator C. Berry to perform overtime service watching
for fires on the rail grinding train operating on the Cleveland Line
(former Bayard Branch) between Mile Posts 27 and 42 in
Hammondsville, Salineville and Irondale, Ohio, for nine (9) hours
on May 28, 1991, thirteen and one-half (13.5) hours on May 29,
1991 and five (5) hours on May 30, 1991, instead of calling and
assigning Mr. M. Carney to perform said work (System Docket
MW-2394).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant M. Carney shall be allowed twenty-seven and one-half
(27.5) hours' pay at the vehicle operator's time and one-half rate."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, rinds 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.
Form 1 Award No. 31660
Page 2 Docket No. MW-31196
96-3-93-3-185
Parties to said dispute waived right
of
appearance at hearing thereon.
On the claim dates Claimant was regularly assigned as a vehicle operator when
the Carrier assigned watchman overtime to a junior vehicle operator. The Organization
agrees that the job
of
being a watchman is work for a trackman. It argued Rule 17 was
violated. The Rule states:
RULE 17 - PREFERENCE FOR OVERTIME WORK
"Employees will, if qualified and available, be given preference for
overtime work, including calls, on work ordinarily and customarily
performed by them during the course of their work week or day in the
order of their seniority."
The Carrier argues that the employee used was the senior trackman. It further
argues Rule 17 is not applicable inasmuch as watchman duties are not ordinarily and
customarily performed by vehicle operators.
It is clear from the record that the Rule cited by the Organization is not
applicable in this case. The Organization has not met its burden
of
proving the
Agreement was 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 29th day of August 1996.