Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37212
Docket No. SG-37858
04-3-03-3-227
The Third Division consisted of the regular members and in addition Referee
Robert Perkovich when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
STATEMENT OF CLAIM
:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the CSX Transportation, Inc. (CSXT):
Claim on behalf of R.. E. Hughes and J. H. Turbeville, for 30 hours and
40 minutes at the time and one-half rate for R. E. Hughes, and 26 hours
at the time and one-half rate for J. H. Turbeville, account Carrier
violated the Signalmen's Agreement, particularly Rule 16, beginning
March 3, 2002 through March 15, 2002, when it assigned two
employees to work planned overtime following a T&S gang instead of
the Claimants who were senior, who live in the area of the work, and
had previously requested to cover this planned overtime. Carrier's File
No. 15(02-0110). General Chairman's File No. SCL-07-03-02A. BRS
File Case No. 12581 SCL."
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. 37212
Page 2 Docket No. SG-37858
04-3-03-3-227
Parties to said dispute were given due notice of hearing thereon.
The Claimants in this case were at all relevant times herein assigned as Signal
Maintainers in the Carrier's Signal Department when, between March 3 and March 15,
2002, the Carrier assigned employees from Team 7V09, rather than the Claimants who
had more seniority, to work overtime following a BMWE-represented T&S gang on the
Dillon Subdivision. The Organization contends that in doing so the Carrier violated
Rule 16 that provides "(w)hen overtime . . . is required of part of a gang, the senior
qualified employees in the class involved shall have preference to such overtime . . . ."
We disagree. By the plain language of Rule 16, the entitlement to overtime arises
only if the overtime is required of a gang of which the senior qualified employees who
desire the overtime are a part. In the instant case, such was not true. The Claimants
were members of Gang 7X02, but the overtime was required of Team 7V09. Thus, they
had no entitlement to the overtime work.
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 28th day of September 2004.