Form 1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 34211
Docket No. CL-35535
00-3-99-3-443
The Third Division consisted of the regular members and in addition Referee
John B. LaRocco when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Baltimore and Ohio
( Railroad Company)
STATEMENT OF CLAIM:
"Claim of the System Committee of the Organization (GL-12403) that:
1. Carrier violated the Agreement on Friday, November 3,
1990, when Carrier failed to properly compensate Claimant
D. S. Unger, one (1) day's pay at the pro-rata rate of $105.93
per day, the rate of Claimant's regularly assigned position,
account held off due to Hours of Service Law.
2.
Carrier shall compensate Claimant as requested in the above
paragraph."
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.
Form 1
Page 2
Award No. 34211
Docket No. CL-35535
00-3-99-3-443
The Claimant is regularly assigned to a relief position at Martinsburg, West
Virginia, with on duty hours from 7:00 A.M. to 3:00 P.M. Saturday through Wednesday.
On Friday, November 2, 1990 (the Claimant's second rest day), the Carrier instructed
the Claimant to protect an overtime vacancy on an Operator's position at NA Tower at
Martinsburg. Complying with the Carrier's instructions, the Claimant worked from
3:00 P.M. to 11:00 P.M. Because the Claimant filled the Operator's vacancy until 11:00
P.M. on November 2, 1990, the Hours of Service Act prevented the Claimant from
working his regularly assigned position which began at 7:00 A.M. the following morning.
The Claimant seeks eight hours of pay for Saturday, November 3, 1990. The
Carrier denied the claim asserting that the Claimant was not rested and thus, was
unavailable for duty.
Rule 3 of the applicable Agreement provides for a five-day workweek. Rule
26 (a) (6) provides that no regularly assigned employee will fill an overtime vacancy
if
such utilization
of
the employee will prevent the employee from working the employee's
regular assignment.
In this case, the Carrier's action of compelling the Claimant to work on his second
rest day deprived the Claimant of earnings during the succeeding workweek. The
Claimant filled the Operator's vacancy for the Carrier's benefit and, as a consequence,
the Claimant ran afoul of the Hours of Service Act. Therefore, he must be compensated
for the
loss of
the one workday that he lost out
of
the five-day workweek. See. Third
Division Award 24921.
Accordingly, the Claimant is entitled to eight hours
of
straight-time pay covering
the compensation he lost for Saturday, November 3, 1990
if
he has not already been
paid.
AWARD
Claim sustained in accordance with the Findings.
Form 1
Page 3
Award No. 34211
Docket No. CL-35535
00-3-99-3-443
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) be made. The Carrier is ordered to make the
Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 23rd day
of
August, 2000.