PROCEEDINGS BEFORE PUBLIC LAW BOARD NO. 3781
Referee Fred Blackwell
Carrier Member: R. O'Neill Labor Member: W. E. LaRue
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Claim of the Brotherhood (CR-2248 and CR-2249) that:
(a) The Carrier has violated the current Schedule Agreement, as
amended, on October 12, 13, and 14, 1985, when assigning
Vehicle Operator R. E. Johns of the interlocking gang, to
perform the duties of the Foreman when piloting and working
with the CAT Tamper Unit and the Ballast Extra between South
Boyle and North Miller on Sub-Division 12, Northumberland,
Pennsylvania, instead of assigning such work to Track Foreman
W. E. Cook who was senior, qualified, and available to perform this work on his advertised territory.
(b) Claimant
W.
E. Cook shall be appropriately paid 17 hours'at
the Track Foreman's rate of pay for hours outside of his
regular assigned hours.
FINDINGS:
Upon the whole record and all the evidence, after September 23, 1988 hearing in Washington, D. C., the Board finds that
the parties herein are Carrier and Employees within the meaning of
the Railway Labor Act, as amended, and that this Board is duly
constituted by agreement and has jurisdiction of the parties and
of the subject matter.
OPINION
On the basis of the confronting record the herein claim
1
378
a3
is found to be meritorious under Rule 17 (PREFERENCE FOR OVERTIME
WORK) of the applicable Schedule Agreement, reading as follows:
"RULE 17 - PREFERENCE FOR OVERTIME WORK
Employees will, if qualified and available, be given
preference for overtime work, including calls, on work
ordinarily and customarily performed by them during the
course of their work week or day in the order of their
seniority."
The record reflects that the Claimant at times piloted
the Burro Crane 3081 during his regular work week. The Carrier's
submission asserts that Vehicle Operator R. E. Johns, the target
of the claim, piloted the CAT Tamper Unit involved in the confronting dispute during his work week: but this contention does
not appear in the Carrier's and parties' on-property correspondence.
These circumstances, in the Board's judgment, requires a
sustaining Award on the claim. The Board has considered and found
unpersuasive the Carrier's contention that the Gang Supervisor is
required to consider only gang members in administering the overtime preference requirement of Rule 17. It is conceivable that a
claim of the herein type might be found lacking in merit, where
the circumstances are such that a Supervisor cannot reasonably be
expected to look outside his particular gang to assign unplanned
overtime. I-n the instant case, however, the facts of record do
not indicate that an unreasonable burden was involved in calling
the Claimant for the overtime in dispute.
Accordingly, in view of the foregoing, and based on the
record as a whole, the claim will be sustained.
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Claim sustained.
The Carrier shall comply with this Award within thirty
(30) days from the date hereof.
BY ORDER OF PUBLIC LAW BOARD NO. 3781.
Fred Blackwell, Neutral Member
R. O'Neill, Carrier Member
Executed on~,
29
, 1988
CON-3781\23-82.D26
W. E. LaRue, Labor Member