Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31664
Docket No. MW-31212
96-3-93-3-195
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 Foreman
C.F. Miller to perform piloting duties on November 4, 5, 6, 7, 8, 11,
12, 13 and 14, 1991, instead of assigning Foreman RL. Lutsko
(System Docket MW-2379).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant R.L. Lutsko shall be allowed twenty-eight and one-half
(28.5) hours' pay at his time and one-half rate with vacation credit
and all other benefits applied."
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.
Form 1 Award No. 31664
Page 2 Docket No. MW-31212
96-3-93-3-195
Parties to said dispute waived right of appearance at hearing thereon.
On the claim date the Carrier assigned the Track Foreman
of
Production Gang
No. 1182 to work with the Patch Rail Gang and the Rail Unloading Work Train. The
Foreman worked a total
of
28.5 hours overtime, which was continuous with the normal
tour
of
duty.
The Organization filed this claim on the basis that the Claimant held the position
of
Foreman-Pilot and should have been used for the overtime. It is curious that the
Organization is only claiming overtime and not the straight time.
The Carrier avers it properly assigned the overtime in accordance with Rule 17,
which 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 Organization has not refuted the Carrier's position that the overtime was
continuous with the work performed during the day. Also, an examination
of
the job
description
of
the Foreman-Pilot reveals it is void
of
any requirement to pilot rail
unloading trains.
The Organization has failed to prove the Agreement was violated.
AWARD
Claim denied.
Form 1 Award No. 31664
Page 3 Docket No. MW-31212
96-3-93-3-195
ORDER
The 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.