NATIONAL MEDIATION BOARD, ADMINISTRATOR SPECIAL BOARD OF ADJUSTMENT NO. 95?
In the Matter of the Arbitration

Brotherhood of Maintenance of Way Employes

Southeastern Pennsylvania Transportation Authority

 OPINION AND AWARD Award No. 280

 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:











A hearing was held in Philadelphia, Pennsylvania on June 10, 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 Board met in Executive Session after the hearing.



The record indicates that the present dispute arose due to the decision of the Carrier to assign certain overtime work on December 13, 2003 to an employee who had less seniority than the Claimant, who served as a Plumber at the time. The disputed work involved rearranging certain fixtures at the shop at Suburban Station.





(1) For all scheduled work outside the regular shift, the opportunity for such work will be offered by craft and in seniority order to the incumbent subject to the following: The incumbents are described as all of those who regularly have worked on a particular project as a result of picking or daily assignment and have and have been assigned to the project for a continuous eight (8) hour shift during the past five (5) days. However, such work shall first be offered to the employe(s) who, as a result of his/her daily assignment has spent the preponderance of his/her time, during the past five (5) days, on the project. The Organization asserted that the most recent work assignment of the Claimant made the Claimant the incumbent within the meaning of Section 514(d)(1) and therefore entitled the Claimant, who had the necessary qualifications, to exercise his seniority for the disputed overtime assignment. The Carrier contended that the ongoing work assignment of the junior employee for approximately three months made the junior employee the incumbent for the
                                                SBA No. 957

                                                Award No. 2&0


disputed overtime assignment. The decision of the Carrier to assign the disputed overtime assignment to the junior employee rather than to the Claimant resulted in the Organization initiating a grievance to challenge the Carrier's decision. 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 Opinion of the Board.


                g

                Chairman and Neutral Member


              s _


William L. Cap kf ey . Sheridan
 Employee Member -J~ a ember
 Concurring/Dissenting ncurri /Dissenting

 DATED:

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