Award No. 6122
Docket No. SG-5975
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Dudley E. Whiting, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
ATLANTA TERMINAL COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen of America on the Atlanta Terminal
Company that:
(a) The Carrier violated the terms of the Signalmen's Agreement when it arbitrarily changed a long established practice by
blanking two regularly assigned positions on a legal holiday,
No
vember 23, 1950.
(b) The Carrier shall now be required to pay all employes who
have been adversely affected by this action of the Carrier, at their
respective rates on the overtime basis, for all hours lost up to a
total of eight (8) hours.
EMPLOYES' STATEMENT OF FACTS:
The Signal Force on this Carrier consists of one Leading Signal Maintainer and two Signal Maintainers
on first shift; one Signal Maintainer on second shift; and one Signal Maintainer on third shift.
These positions were regularly assigned by Bulletin, which designated
hours of service and days off.
On November 21, 1950, the Carrier issued a bulletin as follows:
"Atlanta, Ga., November 21, 1950.
Switch & Signal Department
On account of Thursday, November 23rd, 1950, being a Legal
Holiday, we will retain only the three trick Maintainer positions
on that date.
Also, on account of Monday, December 25th, 1950, being a Legal
Holiday, we will retain only the three trick Maintainer positions on
that date.
Please be governed accordingly.
(Sgd.) H. B. Siegel,
Manager."
[2237
6122-15
237
OPINION OF BOARD:
Determination of this claim is governed by our
Award No. 6121.
FINDINGS: The Third Division of the Adjustment Board, after giving
the parties to this dispute due notice of hearing thereon, and upon the whole
record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated.
AWARD
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: (Sgd.) A. Ivan Tummon
Secretary
Dated at Chicago, Illinois, this 6th day of March, 1955.