Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35573
Docket No. MW-33527
01-3-96-3-1088
The Third Division consisted of the regular members and in addition Referee
Dana E. Eischen 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 Agreement was violated when the Carrier assigned junior
Maintenance Foreman R. 1. Stewart to perform overtime service
(piloting TCJ9 Switch Grinder and inspect its performance) on the
Lewistown Subdivision on September 5, 6, 9, 10, 11, 12, 13, 16, 17
and 18, 1995 (System Docket MW-4091).
(2) As a consequence of the violation referred to in Part (1) above,
Foreman R. S. Madden shall be allowed one hundred six and onehalf (106.5) hours' pay at his time and
receive credit for the claimed rest days for vacation and benefit
purposes."
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.
Form 1 Award No. 35573
Page 2 Docket No. MW-33527
01-3-96-3-1088
Parties to said dispute were given due notice
of
hearing thereon.
During the period September 5 through 18,1995, the TCJ9 Switch Grinder was
performing maintenancework on switches and turnouts throughout the Lewistown SubDivision. The TCJ9 S
to ensure safe movement. R.I. Stewart was the Sub-Division Maintenance Foreman and
usually performed duties associated with the piloting and general operation
of
the TCJ9
Switch Grinder during his normal tour
of
duty, from 7:00 A.M. until 3:30 P.M. with
Saturday and Sunday as rest days. On the dates
of
September 5, 6, 9,10,11,12,13,16,
17, and 18, 1995, Stewart worked a total
of
106.5 overtime hours as pilot for the switch
grinder, at the premium rate
of
pay.
On the dates
of
the dispute, the Claimant was an assigned I&R Foreman and he
performed track inspection duties during his normal tour
of
duty, 7:00 A.M. until 3:30
P.M. with Saturday and Sunday as rest days. In this case, the Claimant asserts
entitlement by superior seniority as a Maintenance Foreman to all overtime work as
pilot performed by Stewart on the claim dates. Careful examination
of
the record
evidence shows that the Claimant has no valid claim to the overtime at issue. The
Carrier's use
of
Stewart to perform on an overtime basis the same pilot work that was
ordinarily and customarily performed by him during the course
of
his regularworkweek
was in strict compliance with Rule 17
of
the Agreement:
"RULE 17 - PREFERENCE FOR OVERTIME WORK
Employees will,
if
qualified and available, be given preference for overtime
work, including calls on work ordinarily and customarily performed by
them during the course
of
their work week or day in the order
of
their
seniority."
The Board has consistently held that Rule 17 overtime preference does not rely
on seniority standing in the classification, per se, but rather runs in favor
of
the senior
employee who ordinarily and customarily performed the work during the course
of
his/her workweek or day. See Third Division Awards 26710, 29435, 29551, 31664,
31673, 31674, 31924, 31925, 32293, 33165 and 33437.
Form 1 Award No. 35573
Page 3 Docket No. MW-33527
01-3-96-3-1088
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 24th day of July, 2001.