Form I
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40935
Docket No. MW-41175
11-3-NRAB-00003-100028
The Third Division consisted of the regular members and in addition Referee
William R. Miller when award was rendered.
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM
:
(Brotherhood of Maintenance of Way Employes Division -
( IBT Rail Conference
"Claim of the System Committee of the Brotherhood that:
(1) The Agreement was violated when the Carrier assigned junior
Extra Gang Foreman F. Casados to perform holiday and rest
day overtime service of inspecting track on the Wyoming
Division between Mile Pasts 17.5 and 56.7, Denver to Winter
Park, Colorado, on July 4 and 6, 2008, instead of senior Extra
Gang Foreman L. Martellaro (System File D-08-2111508720).
(2) As a consequence of the violation referred to in Part (1) above,
Claimant L. Martellaro shall now be compensated for a total of
fourteen (14) hours at his respective time and one-half rate of
pay-11
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
as approved June 21, 1934.
meaning of the Railway Labor Act,
Form 1 Award No. 40935
Page 2 Docket No. MW-41175
11-3-NRAB-00003-100028
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
In this claim the Organization alleged that the Carrier improperly used a
junior Foreman to work overtime inspecting tracks instead of using the Claimant
who was senior, available, and qualified for the work.
The Organization asserted that the claimed overtime work is not incidental to
either employee's regular assignment, therefore, the work should have been
assigned to the senior employee. The Carrier stated the work was covered by Rule
26(h) WORK ON UNASSIGNED DAYS, and in accordance with that Rule the
overtime is first offered to an employee who regularly does the work, rather than by
seniority.
The instant case is identical to the three claims resolved in __
Award 40925 involving the same Claimant with the same arguments presented by
the parties. The only distinguishing difference in the subject claim is the location,
dates and times. Therefore, the Board finds and holds for the same reasoning set
forth in the aforementioned Award that the instant claim must be denied.
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 24th day of March 2011.
