Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32792
Docket No. MW-32081
98-3-94-3-490
The Third Division consisted of the regular members and in addition Referee
Elizabeth
C.
Wesman when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier called and assigned
Water Service Foreman F. Mau and Water Service Mechanic R.
Vironda to perform water service work on February 23, 24, 25 and
26, 1993 and continuous and compensated them at the straight time
rate of pay instead of at the time and one-half rate of pay (System
File SAC-6-93/UM-8-93).
(2) The Agreement was violated when the Carrier called and assigned
Carpenter Foreman T. Legner and Carpenters O. Salaiz and J.
Cheney to perform Bridge and Building Subdepartment work on
March 9,13 and 16, 1993 and continuous and compensated them at
the straight time rate of pay instead of at the time and one-half rate
of pay (System File SAC-7-93/UM-13-93).
(3) As a consequence of the violation referred to in Part (1) above,
Claimant F. Mau shall each be compensated, at the water service
foreman's one-half rate, for the twenty-four (24) hours' service
performed on February 24, 25 and 26, 1993 and for each hour
worked from February 27, 1993 and continuing; and Claimant R.
Vironda shall be compensated, at the water service mechanic's onehalf rate, for the thirty-two (32)
Form I Award No. 32792
Page 2 Docket No. MW-32081
98-3-94-3-490
February 23, 24, 25 and 26, 1993 and for each hour worked from
February 27, 1993 and continuing.
(4) As a consequence of the violation referred to in Part (2) above,
'arpenter Foreman T. Legner and Carpenters O. Salaiz and J.
ney shall be compensated, at their respective one-half rates, for
~... !·i,enty-four (24) hours' service performed on March 9, 13 and
16, 1993 and for each hour worked from March 17, 1993 and
continuing until this matter is resolved."
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.
Parties to said dispute were given due notice of hearing thereon.
The essential facts of this case are not in dispute. Claimants' regularly assigned
positions were abolished as of February 22, 1993. Both employees were placed on
furlough status. On dates following February 22. 1993, Claimants were called for
temporary work as B&B Water Service Foreman and Water Service Mechanic. The
Organization seeks pay at the rate of time and ono-half for each day Claimants worked
Prior Awards on this property have clearly established that Rule 53(c) applies
only to temporary work performed outside the hours of an assignment. Third Division
.wards 29220, 29221, and 26707. In this case, as well as in the cases cited. there was
no assigned position out of which these Claimants were working. They were on furlough
Form 1 Award No. 32792
Page 3 Docket No. MW-32081
98-3-94-3-490
status at the time they worked the temporary positions. Accordingly, they are not
entitled to the punitive rate
of
pay for those days.
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 23rd day
of
September 1998.