Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36621
Docket No. MW-35098
03-3-98-3-844
The Third Division consisted of the regular members and in addition Referee
Dana Edward 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 used Mr. H. H.
Wilkinson to perform overtime service in connection with the
moving of camp cars and equipment: (a) from Sewickley,
Pennsylvania to Columbiana, Ohio on May 1 and 2, 1997; (b)
from Cleveland, Ohio to Chicago, Illinois from May 8 through
May 12, 1997; (c) from Columbiana to Massilon, Ohio from May
15 through 19, 1997; (d) from Massilon to Wooster, Ohio from
May 22 through 27, 1997; (e) from Chicago, Illinois to Elkhart,
Indiana from June 12 through June 16, 1997 and (f) from South
Brownsville to Waynesburg, Pennsylvania from July 3 through
July 6, 1997 (System Dockets MW-4959, MW-4955, MW-4954,
MW-4956, MW-4958 and MW-4960).
(2) As a consequence of the violations referred to in Part (1) above,
Foreman S. Stacy shall be compensated at his appropriate
overtime rate of pay for all hours expended in the performance of
the work in question."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 36621
Page 2 Docket No. MW-35098
03-3-98-3-844
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.
This is a companion claim to the matter decided by the Board in Third
Division Award 36614. For reasons set forth in detail therein, the instant claim
likewise is denied.
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 29th day of July 2003.