Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32450
Docket No. MW-31717
98-3-93-3-766
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:
(Consolidated Rail Corporation
STATEMENT OF CLAIM:
"Claim
of
the System Committee
of
the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to call Foreman
W. Miller and Vehicle Operator M. Carney to perform overtime
service repairing a sun kink on their assigned territory at Mile Post
60.8 on May 21, 1992 and instead called and used Salem, Ohio gang
forces (System Docket MW-2734).
(2) As a consequence
of
the violation referred to in Part (1) above,
Foreman W. Miller and Vehicle Operator M. Carney shall each be
allowed five and one-half (5.5) hours' pay at their applicable time
and one-half rate."
FINDINGS:
The Tbird 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.
Form 1 Award No. 32450
Page 2 Docket No. MW-31717
98-3-93-3-766
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
On May 21, 1992, the Carrier required overtime service to repair a sun kink on
the Claimants' assigned territory. There is no dispute that the Claimants were the
appropriate employees to whom to assign this work.
According to the Carrier, the occurrence took place prior to the end of the
Claimants' workday. The Carrier asserts that calls were made to the Claimants on two
radio channels and by telephone to the Claimants' headquarters and that the Claimants
could not be contacted thereby.
The Claimants state that they received no such calls, although they did hear a
radio call to Welders for the same occurrence. Since employees from a different location
were called in their place, the Organization seeks pay for lost overtime work by the
Claimants.
This is not a case of whether or not the Carrier made sufficient effort to call offduty employees or
dispute concerns communication to on-duty employees. The record does not provide
indisputable evidence as to attempts to reach the Claimants; if calls were made, whether
the Claimants in fact heard the calls; or whether their location at the time interfered
with the ability to hear the calls. No reason was suggested, however, why available onduty employees
from another location. On this basis, the Board can make no reasoned judgment as to
the facts.
AWARD
Claim dismissed.
Form 1 Award No. 32450
Page 3 Docket No. MW-31717
98-3-93-3-766
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
January 1998.