NATIONAL MEDIATION BOARD
PUBLIC LAW BOARD NO. 4370
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
BURLINGTON NORTHERN RAILROAD COMPANY
AWARD N0. 23
Case No. 24
STATEMENT OF CLAIM
1. The Carrier violated the terms of the
current Agreement- when it failed to call and
assign overtime work to Section Foreman Roger
L. Ridenour and instead assigned such overtime
to Junior Trackman Mr. C. E. Criddle..
2. The Carrier shall now be required to
compensate Claimant at his overtime rate of pay,
in the amount equal to that worked by Junior
employe Criddle.
F I N D I -N G S
Except as to dates of occurrence, this claim is
virtually identical to that reviewed in Award No. 22, and
the Board reaches the same conclusion.
In this instance, the Organization-raises-the question
as to the qualifications of the selected employee for the
supervisory work performed. Since the work and the position
- t
are of an exempt nature, the Board finds the Organizat~;on __
without standing to contest this point. ~.:.` -
PLB No. 4370
Award No. 23
Page 2
In view of the Board's denial of the claim on its
merits, it is not necessary for the Board to review the
Carrier's allegation as totime_lim-itsbeing exceeded in
the claim filing.
A W A R D
Claim denied.
HERBERT L. MARX, JR., Chairman and Neutral Member
G
2 L
C. F. FOOSE, Employee Member
R. . SCHNEIDER, Carrier Member
NEW YORK, NY
DATED: