C SPECIAL BOARD OF ADJUST:uNT 110. 122
0
P THE PITTSBURGH AND LAIL ERE, RAILROAD COMPANY Award No. 24
Y TILE LAKE ERIE AND EASTERN RAILROAD COMPANY Case No. 42
vs
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
STATEMENT OF CLAIM:
Time claims in behalf of senior Group 2 employees in Seniority District
No. 33 who were available and entitled to work on days that employees without
seniority standing were used in the Pittsburgh Baggage Room on December 10, 1954
and subsequent dates. (CL-2$1)
FINDINGS: The Board, upon the whole record and all the evidence, finds that:
The Carrier or Carriers and the employee or employees involved in this
dispute are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved June 21, 1934.
The Board has jurisdiction over the dispute involved herein. The
parties to said dispute were given due notice of hearing thereon.
After exhausting the pool of available furloughed seniority District
No. 33 employees, the recruiting of furloughed employees from other seniority
Districts and other crafts to obtain sufficient personnel to handle the increased
volume of Christmas season baggage and mail work at the Pittsburgh Baggage Room
was not a violation of claimantsp seniority privileges. So long as extra employees
are available at straight time rates, the granting of overtime work opportunities
to regular employees is a Carrier prerogative.
Rule 23 (a) comes into play only after the supply of extra, relief or
furloughed employees is exhausted, and then only with respect to the regular
employees who, at Carrierts direction, are required to work overtime. See Award
4948, National Railroad Adjustment Board, Third Division.
Al TARD: Claims denied.
SPECIAL BOARD OF ADJUSTMENT N0. 122
/s/ Harold 14. Gilden
Harold
M.
Gilden, Neutral and Only Member
Pittsburgh, Pa. Thereof. ,
April 24, 1958