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Award No. 15998
Docket No. SG-15977
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Bill Heskett, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
LOUISVILLE AND NASHVILLE RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Louisville and Nashville Railroad
Company that:
(a) Carrier violated the current Signalmen's Agreement, as
amended, particularly Rule 17(d), when, on August 8, 1964, employes
of Signal Gang No. 13 who were junior to Signalmen C. F. Wynn and
C. K. Armstrong were called and used at Verbena, Alabama, to restore
a southbound wayside signal which had been demolished by some
protrusion on a northbound train.
(b) Carrier be required to pay Messrs. C. F. Wynn and C. K.
Armstrong each an amount of time equal to that which was made by
the junior employes. [Carrier's File: G-357-121
EMPLOYES' STATEMENT OF FACTS: This dispute resulted when
Carrier assigned two (2) employes in Signal Gang No. 13-Birmingham Division
to perform overtime service on August 8, 1964, when there were senior available employes who were not used.
On Sunday, August 8, 1964, a southbound wayside signal at Verbena, Alabama, was knocked down by some object which protruded from a northbound
train. Two Signal Maintainers were called, and they were instructed to call
two junior Signalmen from Gang No. 13. The employes were called at approximately 10:30 P. M. and the signal was restored at about 6:00 A. M. on
August 9.
Claimants C. F. Wynn and C. K. Armstrong, the senior Signalmen in Signal Gang No. 13 to whom Carrier failed to give preference in the overtime
assignment in accordance with the provisions of Rule 17 of the Schedule Agreement, had furnished their home telephone numbers to Supervisor, Communications and Signals W. G. Ray. They would have responded promptly had they
been called.
In your letter of April 6, 1965, you declined the claim because
you considered an emergency existed and Wynn and Armstrong lived
too far away to be considered available.
I believe your decision was based on the assertion the damaged
signal delayed traffic until it was replaced about 6 A. M., August 9.
I believe you erroneously considered this situation an emergency,
because you thought the damaged signal did delay traffic until it was
repaired. In my opinion this was not an emergency, especially in
view of the fact that information I have received indicates no train
passed this location while the signal was inoperative, also no train
was expected at this location until approximately (8) eight hours after
the junior gang men were called.
In view of the above, would you please reconsider your decision
in this case, and inform me if you will allow it paid.
Yours truly,
/s! J. T. Bass
General Chairman
cc: File
T. H. Gregg, V. P. BRS
Grand Lodge
J. D. Wilhite, L. C. BRS
C. F. Wynn"
OPINION OF BOARD: When the dispatcher was unable to clean certain
signals on the main line, Signalmen Dennis and Gore were called to work in
preference to Signalmen Wynn and Armstrong, the Claimants herein. Signalman Dennis resided approximately 13 miles from the damaged signal, and
Signalman Gore 16 miles while Claimants Wynn and Arn?strong
resided 13,5
and 250 miles from the signal, respectively.
Both Claimants were senior employes and both base their claims on Rule
17(d) of the Agreement, which reads as follows:
"(d) When overtime service is required of a part of a group of
employes who customarily work together, the senior available employes of the class involved shall have a preference to such overtime
if they so desire." (Emphasis ours.)
Claimants were not in "available status" as contemplated and intended by
Rule 17(d). See Awards 12519 and 12520 by Referee West.
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 Label Act,
as approved June 21,1934;
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That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 8th day of December 1967.
Keenan Printing Co., Chicago, Ill. Printed in U.S.A.
15998
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