JOINT TEXAS DIVISION of Chicago, Rock Island and Pacific
Railroad Company - Ft. Worth and Denver Railway Company
(Burlington-Rock Island Railroad Company)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Joint Texas Division of the Chicago, Rock Island and Pacific Railroad Company, Fort Worth and Denver Railway Company, that:
EMPLOYES STATEMENT OF FACTS: As indicated by our Statement of Claim, this dispute is a result of Carrier's action of requiring a monthlyrated Signal Maintainer to perform signal work on another signal maintenance territory. A basic question for this Board to decide is whether or not a monthlyrated Signal Maintainer is entitled to additional compensation (beyond the established monthly rate) for work Carrier requires him to perform beyond the limits of the territory to which he had been assigned.
Carrier contends that a monthly rate is paid to a Signal Maintainer to compensate him for all services rendered Mondays through Saturdays anywhere on the entire railroad, whereas we contend that the monthly rate is paid to a Signal Maintainer for performing routine maintenance work Mondays
signal. Mr. J. J. Zalesak, the signal maintainer on whose territory the accident occurred, called Claimant J. C. Haynes at Richards and Signal Maintainer W. E. Harris at Teague, and requested them to bring such material they had available to assist in making emergency repairs to the flasher light signal at M. P. 74.8. These three signal maintainers completed the repairs before Midnight, Friday, June 1, 1962.
All three signal maintainers involved were monthly rated employes, with their regular week day assignments Mondays through Fridays; and, Signal Maintainers Harris and Zalesak did not claim any overtime for working Friday, June 1, 1962, beyond their regular assignments, as overtime pay in such circumstances is not provided for by the governing agreement.
Claim was presented and progressed by the Signalmen's Organization in behalf of Signal Maintainer J. C. Haynes for additional compensation for the emergency service performed on Friday, June 1, 1962, which the Carrier denied as additional compensation for emergency service performed outside of assigned hours is not payable under the agreement.
The agreement between the Joint Texas Division of the Chicago, Rock Island and Pacific Railroad Company-Fort Worth and Denver Railway Company and the Brotherhood of Railroad Signalmen, effective January 1, 1955, is on file with the Board and by this reference is made a part of this submission.
OPINION OF BOARD: This Docket was certified for simultaneous handling with Award No. 14242, the issue involved in both Dockets being the same. Our opinion in Award No. 14242 is hereby made the opinion of the Board in this Docket with the same force and effect as if fully set forth herein.
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 Adustment Board has jurisdiction over the dispute involved herein; and
DISSENT TO AWARD NO. 14243,
DOCKET N0. SG-14411