Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37301
Docket No. MW-37004
04-3-01-3-639
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Duluth, Missabe and Iron Range Railway Company
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the Agreement when it failed to call and
assign B&B Composite Mechanic R. Tanski to perform
overtime service (make repairs to the Oliver Bridge) on July
22, 2000 and instead assigned junior employes M. Thudin and
W. Gordon (Claim No. 30-00).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant R. Tanski shall now be compensated for eight (8)
hours' pay at his respective time and one-half rate 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. 37301
Page 2 Docket No. MW-37004
04-3-01-3-639
Parties to said dispute were given due notice of hearing thereon.
On July 21 the Carrier determined a need to have a crew of Mechanics
perform overtime bridge repair work on Saturday, July 22, 2000. When Foreman
R. Lambert advised the crew of the opportunity at the end of the shift on July 21,
the Claimant was not present, but was in the shower and did not hear the call for
overtime. Upon his emergence from the shower, the Claimant was not advised of
the opportunity by his fellow employees. As a result, two junior employees (one
being the General Chairman) were given the overtime assignment. The Claimant
now seeks compensation for the lost overtime opportunity.
The Carrier met its obligations to advise the crew of the overtime
opportunity. At the time the notice was given to the employees, the Claimant had
absented himself by taking a shower. We find that under the circumstances, the
Carrier made a bona fide attempt to advise all employees of the overtime
opportunity. The Carrier cannot be faulted.
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 21st day of December 2004.