Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36624
Docket No. MW-36238
03-3-00-3-451
The Third Division consisted of the regular members and in addition Referee
Nancy F. Eischen when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Duluth, Missabe & Iron Range Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it assigned junior
Bridge and Building Department Mechanics M. W. Halvorson, B.
H. Borgelt and D. R. Wick to perform planned overtime service
(conveyor pulley repair) at Two Harbors, Minnesota on May 24,
1999, instead of assigning Mechanics M. W. King, S. H. Knutie
and G. Helgeson (Claim No. 28-99).
(2) As a consequence of the violation referred to in Part (1) above,
Claimants M. W. King, S. H. Knutie and G. B. Helgson shall now
each be compensated for eight (8) hours' pay at their respective
time and one-half rates of pay."
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. 36624
Page 2 Docket No. MW-36238
03-3-00-3-451
Parties to said dispute were given due notice of hearing thereon.
Claimants King, Knutie and Helgeson each established and hold seniority in
the Maintenance of Way and Structures Department, B&B Subdepartment as
Storage Facility Mechanics. The Claimants were assigned and working as such on
the 7:00 A.M. to 3:00 P.M. shift at the Two Harbors Ore Docks when this dispute
arose.
The record demonstrates that a "problem" was detected with a pulley on the
main shiploader belt at Two Harbors. The pulley was scheduled for replacement by
Maintenance o f Way S torage F acility Mechanics o n M ay 2 4, 1999. O n M ay 2 4,
1999, a crew of regularly assigned day shift mechanics, Messrs. Halvorson, Borgelt
and Wick, was assigned the work of repairing the pulley at the beginning of their
7:00 A.M. shift and worked on the pulley repair assignment continuously until 11:00
P.M. to complete the pulley repairs. In the meantime, Claimants King, Knutie and
Helegson also worked their regular day shift hours, but were assigned to performing
a different set of tasks that did not require any overtime to complete.
Thereafter, on June 4, 1999, the Organization submitted a claim on behalf of
Messrs. Klug, Knutie and Helegson, in which the General Chairman alleged that:
"On Monday, May 24, 1999, a 3-11 p.m. shift was needed for repairs to a
pulley on conveyor No. 5 in Two Harbors. Foreman S. Larson started
assigning a crew to work on the pulley for two shifts, sixteen hours. He
also had a midnight shift lined up to work on the pulley. Claimants were
never asked to work the overtime, even though they were older than most
of the crew that did work.
Because Rule 20(b) and the Special Agreement dated March 29, 1994
were violated, I ask that the three claimants be compensated the eight (8)
hours of overtime they were denied."
Form 1 Award No. 36624
Page 3 Docket No. MW-36238
03-3-00-3-451
In its denial of the claim, the Carrier set forth the following explanation:
"Our investigation reveals that your B&B Foreman selected the crew to
perform the repair job. The crew consisted of Messrs. Halvorson, Borgelt
and Wick. They worked over from the 0700 shift to the 1500 shift as
required under Rule 20(a) Continuation of Work. Regarding the 2300
shift, M. Lennartson was assigned 1500 shift B&B Mechanic. He stayed
continuously with the repair job from his afternoon shift into the 2300
shift. He was the only extra mechanic working through 2300 shift. He
too, was held on under Rule 20(a) Continuation of Work."
Rule 20 - Division of Overtime - states:
"(a) During the regular assigned workweek, an employee assigned to a
particular job during the workday at a point where overtime is
required continuous with his shift will be given all the overtime
connected with that job.
(b) All other overtime will be given to the senior qualified available
employee working in the classification at the headquarters point
where the overtime is to be performed."
The Carrier asserts that, under the circumstances, the "plain language"
contained in the Agreement supports its application of Rule 20(a). For its part, the
Organization maintains that the "extenuating circumstances" require a "different
application" of Rule 20. Specifically, the Organization argues that the senior crew
rather than the junior crew should have been assigned to the pulley repair job at the
outset because the Carrier knew in advance that overtime would be required to
complete the pulley repair job. From this premise the Organization concludes that
seniority o rder must g overn w ork a ssignments, s o t hat t he s enior a mployees w ill
earn overtime anticipated to occur in conjunction with a straight time shift. The
creative interpretation of Rule 20 urged by the Organization is not without logical
appeal, but it is more properly addressed to the Carrier at the bargaining table than
to the Board in an arbitration forum. In our considered judgment, the plain
language of Rule 20(a) must prevail over such equitable arguments and requires a
denial award in this case.
Form 1 Award No. 36624
Page 4 Docket No. MW-36238
03-3-00-3-451
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.