Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32131
Docket No. SG-32707
97-3-96-3-16
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Seaboard
( Coast Line)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation Company (former
Seaboard Coast Line):
Claim on behalf of F.D. FuBard for payment of 92 hours at the time
and one-half rate, account Carrier violated the current Signalmen's
Agreement, particularly Rule 16 and the Coordinated Signal Shop
Agreement (Side Letter
No.
8), when it used a junior employee for an
assignment that included overtime service on various dates from April 11
to April 29, 1994, and did not afford the Claimant the opportunity for this
assignment. General Chairman's File
No.
FDF-94. Carrier's File
No.
15
(94-0050). BRS File Case
No.
9709-SCL."
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 I Award No. 32131
Page 2 Docket No. SG-32707
97-3-96-3-16
Parties to said dispute were given due notice of hearing thereon.
During the period April 11 through April 29, 1994, the Carrier used Signalman
J. B. McDonie (as well as maintenance of way employees and management) to ride
Amtrak trains at the request of the Engineering Department to observe train operations
and make suggestions for better operation practices in an effort to improve Amtrak ontime reliabilit
Savannah. This claim seeks 92 hours of overtime on Claimant's behalf for the work
performed by McDonie.
The burden in this case is on the Organization to demonstrate a violation of the
Agreement. That burden has not been met.
Rule 16(c) states:
"When overtime service is required of a part of a gang, the senior qualified
employees in the class involved shall have preference to such overtime if
they so desire."
Side Letter
No.
8 states:
"This will confirm our understanding that, when overtime work is
available to hourly rated employees assigned to the consolidated signal
shop, seniority order will govern in the offering of the overtime work in the
work area involved and will be assigned to the senior employee if he so
desires. It is understood that the present work areas for purpose of
overtime assignment are identified as wiring, relay repair and
refurbishing."
No Rule violation has been shown by the Organization for the special assignment
given to the junior employee McDonie. McDonie's work was neither "part of a gang"
under Rule 16(c) nor "work in the work area involved" under Side Letter
No.
8.
In view of the above, this Board need not address the parties' other arguments.
Form 1 Award No. 32131
Page 3 Docket No. SG-32707
97-3-96-3-16
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 13th day
of
August 1997.