Form I NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32155
Docket No. MW-31397
97-3-93-3-300
The Third Division consisted
of
the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood
of
Maintenance
of
Way Employes
PARTIES TO DISPUTE:
(CP Rail System (former Delaware & Hudson Railway
( Company, Inc.)
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned junior
employe T. Pedersen to perform overtime service (assisting
Electrician D. Donnelly with emergency lights) on February 19,
1992 instead
of
Mr. P. Klapp who had been assisting the electrician
throughout the regularly scheduled workday (Claim No. 32.92
DHR).
(2) As a consequence
of
the violation referred to in Part (1) above, Mr.
P. Klapp shall be compensated for eight (8) hours' pay at the B&B
plumber's time and one-half rate."
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. 32155
Page 2 Docket No. MW-31397
97-3-93-3-300
Parties to said dispute were given due notice of hearing thereon.
The Organization contends that the Claimant, classified as a Plumber, was denied
eight hours' overtime work following his regularly assigned shift. The overtime work
was instead assigned to a Mechanic, junior to the Claimant.
There is no dispute that the Claimant was working for the full regular shift with
an Electrician on the date at issue and had apparently been doing so for some time.
Under Rule 11.8, the Organization argues the Claimant should have continued to work
with the Electrician for the overtime assignment. Rule 11.8 reads as follows:
"Employes 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 order
of their seniority."
The Carrier stated, during the claim handling procedure on the property, that the
Claimant had been utilized for welding during the course of the regular workday; the
overtime work assigned to the Electrician was the setting up of lights for an emergency
as a result of a derailment. For this work, the Carrier contended that a Mechanic is
regularly employed, although - as argued by the Organization - the Carrier provided
no evidence to document this contention. There was no contradiction, however, to the
fact that the overtime assignment differed in nature from that performed "ordinarily
and customarily" by the Claimant in his assistance to the Electrician.
In this state of the facts, the Board is not persuaded that Rule 11.8 was violated
when the Claimant was not assigned the work of assisting the Electrician in connection
with emergency lighting for a derailment.
AWARD
Claim denied.
Form I Award No. 32155
Page 3 Docket No. MW-31397
97-3-93-3-300
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.