B. Myers, D. Patrick, D. Shultz, D. Shepherd, J. Consiglio and J. Hess shall now each be compensated for eight (8) hours at their respective straight time rates of pay and eight (8) hours at their respective time and one-half rates of pay. FINDINGS:
The Board, upon consideration of the entire record and all of the evidence, fnds that the parties are Carrier and Employee within the meaning ofthe Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated March 20, 2008, this Board has jurisdiction over the dispute involved herein, and that the patties were given due notice of the hearing held.
It is undisputed that the Carrier, following a derailment on February 10, 2006, utilized eight employees from the Akron East Seniority District to assist with track repairs and related work. This work was performed on the Akron West Seniority District at Willard Yard. This derailment had
The Organization acknowledges that emergencies such as this might be a valid reason for directing employees to cross seniority lines, but asserts that the first right to such work must go to the employees within the seniority district in which the emergency occurs. It argues the Carrier has an obligation to first determine the availability of employees within the seniority district.
The evidence before this Board indicates that Claimants were working at the derailment site, earning eight hours' pay at the straight time rate and an additional ten hours' pay at the overtime rate. Because Claimants apparently worked at the same time as the Akron East employees, the Board finds no basis for the claim. The Agreement was not violated.
