"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the Long Island Rail Road:
Claim on behalf of R.T. Nobile, T.P. Jones, M. Babiak, and F. Hill for payment of eight hours each at the time and one-half rate, plus the differential, account Carrier violated the current Signalmen's Agreement, particularly Rule 40, when it used junior employees instead of the Claimants for an overtime assignment on March 9, 1996. Carrier's File No. SGI6-96. BRS File Case No. 10458-LL"
It is undisputed that a horrendous snowstorm hit this area in March 1996 creating emergency conditions.
Claimants and several junior employees began snow duty assignments at 4:00 A.M. on March 8 and continued until relieved at 8:00 P.M. The junior employees were released after working 16 hours. Claimants continued to work until midnight when they were relieved by the recalled junior employees. At midnight the junior employees returned to duty and worked until 8:00 A.M. on March 9 (an additional eight hours for a total of 24 hours.)
As a result, the junior employees worked four more hours of overtime. The original claim sought eight hours at the overtime rate, plus differential for all the Claimants.
There is no evidence that the Carrier deliberately and intentionally worked junior employees four more overtime hours over a two day period than senior employees. This Board agrees that, after the senior employees had worked for 20 straight hours in a snowstorm in and around a large volume of commuter traffic, the safety of the senior employees was; and should properly have been, the overriding consideration.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimants) not be made.