Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33620
Docket No. CL-33692
99-3-97-3-138
The Third Division consisted of the regular members and in addition Referee
John B. L$Roccco when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE
:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM
:
"Claim of the System Committee of the Organization (GL-11698)
that:
This claim is filed on behalf of Ms. Beverly Myers, Clerk,
Collections Department, Boston & Maine Corporation (Springfield
Terminal Railway Company). The Claim [sic] is for four (4) hours time
and one-half for the following dates:
February 27 and 28;
March 1, 2, 3, 6, 7, 8, 9, 10, 13, 14, 16, 17, 20, 21, 23, 24, 27,
& 29;
April 4, 5, 6, 7, 10, 11, 12, 13, 20, & 21, 1995.
The Carrier violated the Agreement when it allowed a junior
employee to perform overtime work on the Claimant's position.
The Rules violated are Nos. 17 and 18.
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.
Form 1
Page 2
Award No. 33620
Docket No. CL-33692
99-3-97-3-138
This Division
of
the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice
of
hearing thereon.
Except for the claim dates, this claim is the same claim and Claimant as we
addressed in Third Division Award 33616 . Claimant seeks four hours
of
overtime for
20 days in February, March and April 1995. In this case, the Carrier raised an
additional defense, that on many
of
the days specified in the claim, no overtime service
was performed.
For the reasons more fully set forth in Award 33616, this Board must deny this
claim.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an Award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 16th day
of
November 1999.