PUBLIC LAW BOARD N0. 2452
PARTIES Brotherhood of Maintenance of Way Employes
DIUPUTE: and
Western Maryland Railway Co.
STATEMENT Claim on behalf of D. G. Rader, Chauffeur on
Tie Unit Force 1215, for the following hours'
overtime worked by C. S. Day, L. A. Ashby and
F. C. Campbell:
August 24,
1978
- 52 hours
September
13, 1978 - 5
hours
September 14,
1978
- 1j hours.
FINDINGS: By reason of the Agreement dated June 14,
1979,
and
upon the whole record and all the evidence, the Board
finds that the parties herein are employe and carrier within the
meaning of the Railway Labor Act, as amended, and that it has
,jurisdiction.
The conference issue raised here is comparable to
the same issue raised in Docket No. 2 and resolved in Award No. 2.
For the reasons stated in Award No. 2, this issue is resolved in
favor of the Carrier.
Ordinarily, Claimant, who was Chauffeur on Tie Unit
Force 1215, transported the gang from the camp cars to the ,fob
site and return. On the claim dates, Class "A" Roadway Machine
Operators L. A. Ashby and F. C. Campbell worked overtime on
August 24, September
13
and 14,
1978
and used their own vehicles
to travel to and from the work site. C. S. Day did not work
overtime on August 24,
1978.
He was not a member of Force 1215
on that date. He was Production Foreman and performed this
function on September
13
and 14,
1978.
Production Foreman
A. J. Borum supervised the overtime work on August 24,
1978.
They,
too, drove their own cars. Employes contend that the Carrier
violated the Agreement when it deprived the Claimant of overtime.
P1-a -~:'
y5a
Award No. 17
Docket No. 18
page 2
The fact is that the Claimant transported all other
employes of Tie Unit Force 1215 from the camp cars to the ,job
site and return on each of the claim dates. The few employes
required to work overtime on those dates drove their own cars.
No rule is cited that requires Carrier to schedule
overtime for all employes in a gang. The fact is that other
employes of the gang, those transported by the Claimant, also
did not work overtime on the claim dates. Nor is there a rule
which obligates the Carrier to transport each member of the
gang to and from the ,job site. Carrier may allow monetary
compensation for the use of private cars.
Upon this record, the Board finds that the Carrier
did not violate the Agreement and that there is no merit to the
claim.
AWARD
Claim denied.
PUBLIC LAW BOARD N0. 2452
DA DOLN CK, C airman and Neutral Member
'd. C. C KEY, Carrier
DATED:
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I I M
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A RUE, Employe Mem er