Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37052
Docket No. MW-36207
04-3-00-3-335

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:



STATEMENT OF CLAIM :





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.
Form 1 Award No. 37052
Page 2 Docket No. MW-36207
04-3-00-3-335

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.




On January 8, 9, 22, 23, February 5, 6, 19 and 20, 1999, the Carrier assigned Class 07 Water Service Mechanics regularly assigned to the Roseville Facility to work weekend overtime maintaining and cleaning the Proceco machine, a machine in the Roseville Facility that cleans electric motors and parts prior to rebuilding. In this claim, filed March 4, 1999, the Organization asserts that the Claimants, Class 07 Water Service Mechanics regularly assigned to the Water Treatment Plants at Sacramento and Roseville, respectively, were entitled by seniority to work this overtime. The Organization further asserts that the Carrier violated the Agreement when it called and utilized junior Class 07 Water Service Mechanics from the Water Service Gang to work the claimed overtime on the Proceco machine. While the regularly assigned work of the Claimants and the junior Water Service Mechanics is situated around Sacramento/Roseville, their common seniority roster runs from Reno, Nevada, west to Sacramento, south to Chowchilla (Fresno) and north to Tehama, California.


The Agreement provisions at the heart of this dispute are Rules 18 and 25, which read in pertinent part, respectively, as follows:



Form 1 Award No. 37052
Page 3 Docket No. MW-36207
04-3-00-3-335

Close examination of the claims correspondence shows that the Claimants assert seniority preference entitlement to all overtime in the seniority district, irrespective of who does the work during the regular workweek. The theory that senior employees have a generic demand right 1:o all overtime in the seniority district, irrespective of who does the work regularly, was found unpersuasive in Third Division Award 26252 involving the same parties and contract language and is not consistent with the express language of Rules 18 and 25, supra. To prevail in this case, the Organization had to demonstrate by at least a preponderance of record evidence that the work of cleaning and servicing the Proceco machine was, in the words of Rule 25(b) a "work project performed by [Claimant's Water Service Treatment Plant] gang" and that they were, in the words of Rule 18(k) the "regular employee(s)" who performed that work during the Monday - Friday workweek. Not only did the Organization fail to make out a prima facie case that this Proceco machine work was work regularly performed by the Claimants during their workweek, the Carrier demonstrated persuasively that the employees assigned the overtime were the employees who regularly performed such work during the week.




      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 22nd day of June 2004.