STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Louisville and Nashville Railroad Company:
EMPLOYES' STATEMENT OF FACTS: On January 5, 1959, Signalman T. C. Jones and Assistant Signalman V. R. Stansberry, both assigned to Evansville Division Signal Gang No. 17, were called at approximately 2:00 A. M. to correct line wire failures between Mascoutah, Illinois, and Rentchler, Illinois. Both employes worked for a period of 14 hours in clearing the failures, and both were paid time and one-half at the Signalman's rate of pay for such service.
Signalman W. H. Allen was also assigned to Evansville Division Gang No. 17 but was not called or used for the overtime service performed by Signalman Jones and Assistant Signalman Stansberry on January 5, 1959.
In view of the fact that Assistant Signalman Stansberry performed the work of a Signalman and was compensated at the Signalman's rate of pay for such service, a claim was filed in behalf of Signalman W. H. Allen, who was senior to Assistant Signalman Stansberry, by Local Chairman G. L. Choate with Mr. E. S. Williams, Signal Supervisor, under date of February 21, 1959, as follows:
Carrier submits that in the circumstances there is no basis for the employes' claim and same should, therefore, be denied.
OPINION OF BOARD: This claim arises on behalf of Signalman W. H. Allen because an employe junior to him and a member of the same work gang was called for overtime work on January 5, 1959 to correct line wire failures. Claimant contends that the assignment of the junior employe, V. R. Stansberry was a violation of the agreement and cites Rule 17 (d) as follows:
However, Carrier contends that the above rule has not been violated and that Stansberry was the "senior available employe" under the circumstances. The record supports this contention. When communications failed, the dispatcher located at Evansville notified the Assistant Signal Supervisor at Caroni, Illinois, to investigate. He, in turn, called V. R. Stansberry who was also in Carmi to assist him in locating the trouble. The Claimant was at Mount Vernon, Illinois a distance of 47 miles from the point where the investigation was commenced. In view of the exigency of the situation, we hold that Claimant was not "available" since he was 47 miles away and that Stansberry was the "senior available employe" within the meaning of Rule 17 (d). For this reasons the claim must be denied.
FINDINGS: The Third Division of the Adjustment Board, 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