AWARDS 119 - PLANNED OVERTIME - DENIED

Fourth Division Award No. 3266 (Zumas)

"It is clear at the outset that under the circumstances, Carrier had a right to abolish the second trick position. There are no restrictions under the Agreement between the parties of Carrier's managerial prerogative in this regard. Carrier's decision in this regard was apparently based on a decline in business.

"It follows that unless there restrictions in the Agreement between the parties, Carrier has the concomitant prerogative of determining when the abolished position may be restored.

"Additionally, there is nothing in the Agreement that prevents the Carrier from requiring a yardmaster to work overtime. In sum, the Organization has failed to show that Carrier, under the facts and circumstances of this dispute, violated any particular rule of the Agreement."