AWARDNO. 17
Case No. 17
Organization File No. DM-2109-PL-00 l PLR Ca rrie r File No.
PARTIES TO
DIS PUTE
) BROTHERHOOD OF MArNTENANCE OF WAY EMPLOYES DIY[SION
)
)
)
) PAD UCA H & LOUISVILLE RAI LW AY
ST AT EMENT OF CLA IM :
I. The Carrie r vio late d th e Ag ree men t when , on May 1 0, 11. 1 2, 1 3. 14, 1 7.18 , 19. 20, 21, 24, 25, 26 and 27, 202 1. it assigned junior Class llf ,T rackrna n A. Adams to perform overtime service consisting of providing flagging at th e Mile Post 1 53.8 Bridge Project on the Pri nce ton . Kentuc ky Territory at the ex cl us ion of senior, re gularl y assigned , Class V, Foreman. T. Hardison (Syste m Fil e DM-2109-PL-00I PLR ).
2. As a conse q ue nce of th e viola ti on refe rred to in Part 1 above, Clai mant T. Hardison shall now be compensated all overtime wo rk ed by the nonregu lar, jr. employe plus any differential pay and per diem.
FrNDINGS:
The Board , upon consideration of the ent i re record and all of the ev idence , finds that the par tie s are Carrier and Emplo yee with i n the meaning of the Railway Labor Act , as amended, that this Board is du ly constituted by Agreement dated December 16. 20 I 0 , this Board has jurisdiction over the dispute invol ved her ein. and th at the parties were given due notice of the hearing he ld.
On the dates of clai m, Clai mant was re gul arly assigned as a Foreman on the Princeton Section Terri tory . On those date s, it ·was nec essa ry to have flagging protection for a bridge repair project at MP 153.8. The Carrier ut ili zed Tra ckman A. Adams, who is junior in seniority to
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Claimant, to perform this flagging work. It is undi s puted thal Trackrnan Adams does not have Foreman seniority. On the dates of claim. according to the Organ i zation , Trackman Adams performed overtime work which should have been given to Clai man t.
The Carrier has argued that Rule 9(a) direct s the manner in which overtime is assigned. According to the Carrier. that provision gives overtime t hat is continuous with an assignment to the employee assigned to the position that is required to perform such overtime work. We do not read Rule 9(a) to say that. The Rule states:
(a) Time worked preced i ng or following and continuous with the regular work hou rs, shall
be computed on the actu a l m i nut e basi s and paid for al time and one-half rates , with double time computed on actual minute basis after 16 continuous hour s of work in and 24-hour per iod, computed from the time the continuous work period comm ences, with exception that all time during the employees' regular sh i ft will be paid for at the pro rata rate .
This provision dea ls solel y with the computation of overtime pay, and does not address to whom overtime wo rk is to be ass igned. The reference to the work being continuous with the regular work ho ur s i s intended to distinguish such ove11ime from overtime that is the result of an employee being called out to work. The Board cannot add to the language agreed upon by the parties in order to justify giving the overtime work to Trackman Adams.
As the senior regul arl y assigned employee on the territory. Rule 9(c) of the Agreement entitled Claimant to the overtime work in this case. The Carrier notes that Trackman Adams did not perform any overtime service on May 12. 24, 25, 26, and 27, 2021. Conseq uently , there is no va li di ty to claims for those date s. Additio na l ly. the Carrier asserts Claimant worked overtime on May 10 and 1 7, 2021 for time in excess of the time worked by Trackman Adams. For the remainder of the dates of cla i m, the Board finds that Claimant was improperl y denied overtime when the work
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was given to a junior emp loyee. He is , therefore. enti tle d to be compensated for the overtime hours worked by Trackman Adams on those dates. That is the extent of the reme dy granted in this case.
AWARD: Claim sustained in accordance with the above Findings. The Carrier is directed to
comply with this Award within thirty (30) days.
£ 4€
/John Schlismann Employee Member
'/6_ t.J-1
KoC!ney 'Goodwin Carrier Member
Dated: 12-(11(2-02-
Arlington Heights , Illinois