Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38210
Docket No. MW-38883
07-3-05-3-319
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 Division -
( IBT Rail Conference
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak) -
( Northeast Corridor
STATEMENT OF CLAIM:
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier failed to assign
Repairman M. Doering to scheduled overtime in assisting other
forces on the Harrisburg Division of June 19, 2004 and instead
assigned Repairman Foreman D. Chadwick (System File NECBMWE-SD-4446AMT).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant M. Doering shall now be compensated for twelve (12)
hours 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.
Form 1 Award No. 38210
Page 2 Docket No. MW-38883
07-3-05-3-319
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
At the time this dispute arose, the Claimant held a MW Repairman position
on Gang H-104, headquartered at the Roadway Equipment Shop in Wilmington,
Delaware. On June 19, 2004, MW Repairman Foreman D. Chadwick was called out
and assigned scheduled overtime on the Harrisburg Division as support for other
Maintenance of Way forces. The Carrier did not offer the overtime opportunity to
the Claimant because the Claimant did not hold a commercial drivers license
(°`CDL") due to lack of the required medical card.
Rule 55(a) provides:
"RULE 55 PREFERENCE FOR OVERTIME WORK
(a) Employees will, if qualified and available, be given preference
for overtime work, including calls, on work ordinarily and
customarily performed by them, in order of their seniority:'
The Claimant did not possess a CDL required to drive the vehicle designated
by the Carrier to be used in the performance of the overtime work. The Claimant
was therefore not "qualified" under Rule 55(a). Nothing requires the Carrier to
rearrange its deployment of vehicles in order to provide the Claimant with a vehicle
he can drive so as to accommodate the Claimant's desire to work overtime.
Based on the above, the Organization failed to satisffy its burden of proof.
The claim will therefore be denied.
AWARD
Claim denied.
Form 1 Award No. 38220
Page 3 Docket No. MW-38883
07-3-05-3-319
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 25th day of Tune 2007.