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.

Parties to said dispute were given due notice of hearing thereon.

This claim arises from a snow storm that occurred in Salt Lake City, Utah, on February 2, 2003. The Claimant, a Track Operator, was assigned overtime snow removal at the Roper Yard, using the truck he normally drove. At the same time, a System Tie and Rail Inspector was assigned plowing and salting with a dump truck outfitted with a new piece of equipment, a salter. The Claimant finished his work after four hours and was sent home. The Inspector continued to work additional hours.

The Organization claims a violation of Rule 26 - WORK WEEK which reads, in relevant part, as follows:

"(h) WORK ON UNASSIGNED DAYS - Where work is required by the Company to be performed on a day which is not a part of any assignment, it may be performed by an available extra or unassigned employe who will otherwise not have forty (40) hours of work that week; in all other cases by the regular employe."

The two employees were assigned simultaneously; one job lasted longer than the other. The Claimant was assigned to use the very truck he used in the normal course of his job, as contemplated by Rule 26(h). The Organization has shown no contractual support for the right of the Claimant subsequently to displace a worker, even on overtime, who had already been assigned to another piece of equipment. Moreover, there is no evidence that the Claimant used the dump truck driven by the Inspector in the normal course of his job or had ever operated the salt spreader attached to that truck.

The Third Division Awards quoted by the Organization to support its claims (3822, 23073, and 28500) can be distinguished from the current case. In each of those Awards, the claimants were not assigned any overtime at all; the work was assigned to someone else. Here, the Claimant was assigned in accordance with Rule 26(h) and nothing in the Agreement required the Carrier to allow him to displace the Inspector when the Claimant's assignment was finished. See Third Division Awards 24235, 24519, and 27090, among numerous others.

AWARD