Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40408
Docket No. SG-40661
10-3-NRAB-00003-080546
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Northeast Illinois Regional Commuter Railroad
( Corporation (Metra)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Northeast Illinois Regional Commuter
Rail Corp:
Claim on behalf of C. Haywood, for eight hours overtime account
Carrier violated the current Signalmen's Agreement, particularly
Rule 15 and Side Letter 10 (dated May 16, 1999), when it used a
junior employee instead of the Claimant for overtime service on May
28, 2007 and denied the Claimant the opportunity to perform this
work. Carrier's File No. 11-21-624. General Chairman's File No.
104-RI-07. BRS File Case No. 14092-NIRC."
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. 40408
Page 2 Docket No. SG-40661
10-3-NRAB-00003-080546
Parties to said dispute were given due notice of hearing thereon.
At the time this dispute arose, the Claimant was the first shift Signal
Maintainer on the Root Street Territory, headquartered on the Rock Island District,
with Saturday and Sunday rest days.
Monday, May 28, 2007 was Memorial Day - a scheduled holiday. The
Claimant was on vacation during the week prior to Memorial Day (from May 21 to
May 25, 2007).
A planned overtime opportunity arose on the Root Street Territory on May
28, 2007, i.e., the holiday following the Claimant's vacation. Instead of calling the
Claimant, the Carrier used a junior employee to perform the work. This claim
followed.
Rule 15 gives seniority preference for assignment of overtime:
"RULE 15
SECTION 1 - (a) OVERTIME - BEFORE AND AFTER BASIC
DAY:
X C 7C
When overtime service is required of a part of a group of employees
who customarily work together, the senior qualified available
employees of the class involved shall have preference to such
overtime if they so desire."
The Carrier asserts that the Claimant was not entitled to be called for the
overtime opportunity because he was on vacation and the junior employee was
offered the work because he was covering for the Claimant as a vacation relief
employee while the Claimant was on vacation. However, the overtime opportunity
did not arise during the Claimant's vacation or on the weekend following his
vacation (the Claimant's regularly scheduled days off). Instead, the overtime
opportunity arose on the, first day of the Claimant's new workweek following, the
week of his vacation. Under Rule 15, the Claimant should have been called before
the junior employee.
Form I Award No. 40408
Page 3 Docket No. SG-40661
10-3-NRAB-00003-080546
Because the Claimant was denied an overtime opportunity, he shall be
compensated for eight hours at the overtime rate in accordance with the Agreement.
Because Rule 15 disposes of the claim, the Board need not address the
Organization's argument that Side Letter No. 10 was also violated.
AWARD
Claim sustained.
ORDER
This Board, after consideration of the dispute identified above, hereby orders
that an award favorable to the Claimant(s) be made. The Carrier is ordered to make
the Award effective on or before 30 days following the postmark date the Award is
transmitted to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 14th day of May 2010.