Award No. 13369
Docket No. SG-13358
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental )
Preston J. Moore, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
ST. LOUIS-SAN FRANCISCO RAILWAY COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the St. Louis-San Francisco Railway
Company:
(a) That the Carrier violated the Signalmen's Agreement when,
on February 17, 1961, it relieved Signal Maintainer W. J. Shuler
from his regularly assigned Signal Maintainer's position at Chandler, Oklahoma, for allegedly violating Rule No. 177 of the Carrier's
Maintenance of Way and Structures Book of Rules.
(b) That the Carrier compensate W. J. Shuler for eight (8)
hours at the pro rata rate of pay for each day that he is held
off his regularly assigned maintenance position at Chandler, Oklahoma, and that the Carrier compensate Mr. Shuler for all overtime
hours worked on the Signal Maintenance position at Chandler, Oklahoma, at overtime rate of pay, until he is returned to the Signal
Maintainer's position at Chandler, Oklahoma, with all seniority and
other rights unimpaired and his record is cleared of all mention of
this dispute.
OPINION OF BOARD: The Carrier relieved the Claimant from his
regularly assigned position of Signal Maintainer for allegedly violating
Rule No. 177. The part of the rule involved herein is to reside wherever required.
The only witness at the hearing was the Claimant. There is no evidence
in the record to sustain a finding that the Claimant's residence was not
Chandler, Oklahoma. The Claimant lived there five days a week. The facts
that he ate out and did not move his family there are not sufficient evidence to base a finding of residence elsewhere. The Carrier violated the
Agreement when it relieved him from his assignment. However, the record
discloses that he would have been displaced by a Senior Maintainer on
March 3 1961. Consequently the payment shall be from February 17, 1961,
to March 3, 1961, in accordance with Rule 66 of the Agreement.
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FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 as per Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 26th day of February 1966.