NATIONAL MEDIATION BOARD, ADMINISTRATOR
SPECIAL BOARD OF ADJUSTMENT NO. 957
In the Matter of the Arbitration
-between-
Brotherhood of Maintenance of OPINION AND AWARD
Way Employes Award No. 276
-and
Southeastern Pennsylvania
Transportation Authority
In accordance with the agreement In effect between the
above-named parties, the Undersigned was designated as the
Chairman and Neutral Member of the SEPTA-BMWE Special Board of
Adjustment (the Board) to hear and decide the following Claim:
1. The Carrier violated the Agreement when it failed
to call Track Maintainer 1 A. Pickell for overtime
service on August 11, 2005 and instead called and
assigned an employee junior to the Claimant to
perform overtime service (System File 05-091-F12).
2. As a consequence of the violation referred to in
Part (1) above, Claimant Pickell shall now be
compensated at his applicable time and one-half
rate for all hours worked by the junior employee
for overtime wages lost on August 11, 2005.
A hearing was held in Philadelphia, Pennsylvania on February
12, 2009 at which time the representatives of the parties
appeared. All concerned were afforded a full opportunity to
offer evidence and argument and to examine and cross-examine
witnesses consistent with the relevant procedures that exist
between the parties. The Claimant attended and participated in
the hearing. The Board met in Executive Session after the
hearing.
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SBA No. 957
Award No. 276
FINDINGS OF FACT AND OPINION OF THE BOARD
The record indicates that the present dispute arose due to
the decision of the Carrier to assign an overtime assignment to a
junior employee to perform certain work that began on August 11,
2005. The Carrier denied that any violation of the Agreement had
occurred because the Claimant has worked 16 hours during the
prior day and the overtime assignment on August 11, 2005 would
have caused the Claimant to work 16 hours on August 11, 2005.
The Carrier insists that the Carrier complied with its practice
of prohibiting employees from working 16 hours on consecutive
dates except in certain emergency situations. The Organization
alleges that the Carrier's approach violates the applicable
section concerning overtime in the collective bargaining
agreement. The Organization challenged this action by the
Carrier. The Carrier denied that any violation had occurred.
The parties failed to resolve the matter during the
preliminary steps of the grievance procedure. The dispute
proceeded to arbitration for a final and binding determination.
During the hearing the parties indicated that they had
agreed to settle the instant dispute. As a result, the Award
shall indicate that the Claim is dismissed.
Accordingly, the Undersigned, duly designated as the
Chairman and Neutral Member of the SEPTA-BMWE Special Board of
Adjustment and having heard the proofs and allegations of the
above-named parties, makes the following AWARD:
The Claim is dismissed in accordance with the
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SBA No. 957
Award No. 276
opinion of the Board.
Robert L. D glas
Chairman and Neutral Member
William L. Capik eridan
Employee Member ,i arr'er Member
Concurring/Dissenting Co urring/Dissenting
DATED:
,~1,9-7 /0
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