PUBLIC LAW BOARD NO. 5606
PARTIES) BROTHERHOOOD OF MAINTENANCE OF WAY EMPLOYES
DIVISION OF THE INT'L BROTHERHOOD OF TEAMSTERS
TO )
DISPUTE ) SPRINGFIELD TERMINAL RAILWAY COMPANY
STATEMENT OF CLAIM:
Claim of the System Committee of the Brotherhood that:
1. The Agreement was violated when the Carrier assigned Waterville
Maintenance Crew #3643 instead of Zone B Production Crew to
perform rest day overtime service on September 24, 25, 2005 and
October 1, 2, 8 and 9, 2005.
2. As a consequence of the violation referred to in Part (1) above,
Zone B Production Crew Equipment Operator John Maxwell shall
be allowed seventy-two (72) hours pay at the equipment operator
overtime rate of pay. (Carrier File MW-06-03)
FINDINGS:
The Board, after hearing upon the whole record and all the evidence, finds that the
parties herein are Carrier and Employee within the meaning of the Railway Labor
Act, as amended; this Board has jurisdiction over the dispute involved herein; and,
the parties were given due notice of hearing thereon.
The overtime work at issue on the rest days of Saturday and Sunday is found to
have involved continuation of a work project whereby Waterville Maintenance
Crew #3643 was working in conjunction with a Construction Crew at North Anson,
Maine during the regularly assigned work week. This work was said to have
involved ties, brush cutting, rail replacement, stone distribution, surfacing, panel
construction, crossing replacement, bridge work and switch rehabilitation. In this
respect, the Carrier offered into the record, without challenge, as concerns the dates
of claim, that on September 24 there was panel construction; September 25, crossing
installation; October 1, panel construction; October 2, crossing installation; October
8, crossing work; and, October 9, crossing work.
The assignment Clamant held during the regularly assigned work weeks involving
the rest day work at issue was that of a Production Crew Equipment Operator,
installing ties at Leeds, Junction, a location approximately 150 miles from the
specialized nature of the work that was being performed at North Anson.
Pale I
PL aPu.
5-&060
AWARD NO. 58
CASE NO. 58
Article 20, Overtime, of the current Agreement states in part here pertinent the
following:
Planned overtime, rest day, and holiday work which is a continuation
of a work project of a specialized nature, such as tie and surface, rail
laying, construction, clean-up, etc., will be given to the specialized
crew ordinarily doing this type of work during the regular assigned
work week, with the members of the specialized crew being utilized in
the order of their seniority, if available.
Accordingly, the Board finds in application of Article 10, Overtime, Claimant did
not have a contractual right to the claimed rest day overtime. It was only under the
further provisions of Article 10 that Claimant would have stood for rest day
overtime had the Carrier determined a need for additional forces on the
aforementioned work project of a specialized nature. That is under those provisions
of Article 10 which read as follows:
If additional forces are needed for such planned overtime, rest day,
and holiday work, preference will be given first to the closest
specialized crew within the Production Zone and then to the closest
Maintenance Crew with the Production Zone. If more additional
forces are needed, the closest I&R Crew will be utilized. It is
understood that in the application of the above, all forces within the
Production Zone which contains the work involved will be used before
other forces are called.
In view of the above considerations and overall study of the record the claim will be
denied.
AWARD:
Claim denied.
Anthony F. Lomanto
Carrier Member
North Billerica MA
Dated ~ZS O i
Robert E. Peterson
Chair & Neutral Member
Stuart A. Hulburt Jr.
Organization Member
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