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.
The sole issue for determination here is whether the proper remedy for an admitted failure on the part of the Carrier to provide opportunity of overtime work to the Claimant, who was available, qualified, and more senior on the roster than the employees utilized, is the time and one-half rate of pay, as claimed, or, conversely, the straight time rate of pay, as already allowed by the Carrier.
For the same reasons as set forth in Third Division Award 35602, involving the same parties here in dispute, the claim is sustained for the difference that the Claimant has already been allowed by the Carrier at the straight time rate of pay and the time and one-half rate of pay.
The Board would note, however, that although the claim as stated above requests 30 hours' compensation for January 20 and 21, 1995, the record as presented reveals that in a letter of May 19, 1995 to the District Chairperson that the Division Engineer, in acknowledging that the Claimant had not been properly called for overtime work, allowed the straight time rate of pay for only 16 hours on January 21, 1995. In this letter the Division Engineer stated that there was no record of a time sheet having been turned in for January 20, 1995. Thus, in subsequent conference, as confirmed in a Carrier letter of September 22, 1995, the Organization withdrew that portion of the claim from further handling. No dispute is shown as concerns the amount of time involved in the second part of the claim, i.e., 12 hours pay for January 22,1995. In the circumstances, the claim will be sustained for the difference between 28 hours pay at the Form 1 Award No. 35603
Vehicle Operator's time and one-half rate of pay and what the Claimant has already been allowed.
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.