"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 D. A. Moore and R. W. Sorensen, for 26 hours overtime account Carrier violated the current Signalmen's Agreement, particularly Rules 1, 15 and Side Letter 10 (dated May 16, 1999), when it used junior employees instead of the Claimants for overtime service on February 25 and 26, 2007 (sic) and denied the Claimants the opportunity to perform this work. Carrier's File No. 11-21-559. General Chairman's File No. 116-RI-06. BRS File Case No. 14040-NIRC."
The Claimants are Signal Testmen headquartered at the Tinley Park Wire Shop with assigned territory of the Rock Island, CWI, and Southwest Service Districts working 7:00 A.M. to 3:00 P.M., Monday through Friday schedules. The Claimants hold prior rights on the Rock Island District.
2006, the Carrier assigned overtime to two signal employees (Signal Electronic Technicians - a higher classification than the classification held by the Claimants) who were junior in seniority to the Claimants and who did not hold prior rights on the Rock Island District. The overtime was scheduled and performed at the Root Street Interlocking and consisted of testing and inspection of signal aspects.
Overtime hours, either prior to or following and continuous with regular working period, shall be computed on the actual minute basis and paid for at one and one-half times the basic straight time rate.
Time worked in excess of sixteen (16) hours of work in any twenty-four (24) hour period, computed from the starting time of the employees regular shift, shall be paid for at double their basic straight time rate.
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." Form I Award No. 41192
In its April 28, 2006 letter and before the Board, the Carrier contended that ". . . the two Claimants are headquartered at the Tinley Park Wire Shop, which is not on any district." The Carrier points to Side Letter No. 10 which provides that the seniority benefits of that letter apply when ". . . an employee is stationed on their prior rights district." Because the Claimants were "headquartered" at the Tinley Park Wire Shop "which is not on any district," the Carrier argues that Side Letter No. 10 therefore does not apply.
However, the evidence is undisputed that when this dispute arose, the Claimants were working on their prior rights district and the overtime opportunities involved in this matter were on that district. For purposes of deciding this case, we need not parse any differences between the meanings of "headquartered" and "stationed." If the parties intended the prior rights provisions of Side Letter No. 10 to apply only when an employee is "headquartered" on his prior rights district, they could have easily said so. The Claimants were working on their prior rights district. For purposes of Side Letter No. 10, that is sufficient to mean that they were ". . . stationed on their prior rights district."
There is no evidence that the Claimants were not qualified to perform the work in dispute. Because of Side Letter No. 10 and Public Law Board No. 5565, Award 34, the Claimants were therefore entitled to the overtime opportunities on the dates set forth in the claim.
In terms of a remedy, the Claimants shall be made whole for any lost overtime opportunities on the dates set forth in the claim. However, if the Claimants earned overtime on any of the dates set forth in the claim, those amounts shall be offset against the Carrier's liability. Form 1 Award No. 41192
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.