Award No. 17267 Docket No. SG-18134




THIRD DIVISION

(Supplemental)




PARTIES TO DISPUTE
 BROTHERHOOD OF RAILROAD SIGNALMEN
 CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD
 COMPANY

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Chicago, Rock Island and Pacific Railroad Company:


On behalf of Relief Signal Maintainer C. W. Peet, headquartered at "UD" Interlocking, Joliet, Illinois, for thirty one (31) hours' pay at the half-time rate, account for varying amounts of time on certain days listed below, he was required to work off his assigned territory at Tinley Park and/or Mokena, Illinois:














EMPLOYES' STATEMENT OF FACTS: Under a Memorandum of Agreement dated March 11, 1966, Carrier established two positions of relief Signal Maintainer to provide a combination of vacation and other relief of Signal Maintainers on the Illinois Division. One of these positions is headquartered at U. D. Tower, Joliet, Illinois, to normally provide relief service for maintenance positions from Joliet to and including Davenport, Iowa, with the other headquartered at Blue Island, Illinois, to normally provide relief service from 25th Street, Chicago, to and including Mokena, Illinois.


At the time this dispute arose, Claimant C. W. Peet was the relief Signal Maintainer at Joliet. On November 6, 1967, he worked six and one third hours at Mokena and Tinley Park. On November 9, 10, 22 and 29, 1967, he worked eight, five and two-thirds, three, and eight hours, respectively, at Mokena. Mokena and Tinley Park are on the territory covered by the relief Signal Maintainer headquartered at Blue Island.


Under date of December 13, 1967, the Brotherhood's Local Chairman filed a claim on behalf of Mr. Peet for thirty-one hours at one half time his regular rate, that to be paid in addition to what had already been

these occasions at Mile Post 23.6 in the amount of time listed in "Statement of Claim," Joliet, Illinois is located at Mile Post 402 and Davenport, Iowa is located at Mile Post 182.8, i.e., a distance separating these two points of approximately 140 miles. On this basis, claimant filed claims totalling thirty-one hours' pay at the one-half time rate for working off his assigned territory.


6. To avoid burdening the record, Carrier has not included copies of the correspondence on the property concerning this claim as it is anticipated the Employees will produce such correspondence as a part of their submission. However, Carrier will refer to various portions of this correspondence, as necessary, and will reproduce pertinent portions of same when appropriate. Carrier will also take exception in its rebuttal statement to any errors or omissions in the Employees' reproduction of such correspondence.


7. The grievance procedures followed and progression in the instant dispute were timely and in accordance with the applicable rules in effect on this property and the Railway Labor Act, as amended.




OPINION OF BOARD: The Petitioner contends that Claimant is entitled to 31 hours pay at the half-time rate for varying amounts of time he was required to work off his assigned territory on the five dates listed in November, 1967.


There is in evidence a Memorandum of Agreement between the parties dated December 14, 1961, which reads:








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 There is also in evidence a Memorandum of Agreement between the parties dated March 11, 1966, which reads in part:







The Claimant was the occupant of the position established under Item 1 of the Memorandum of Agreement of March 11, 1966. On the dates involved in the claim he worked varying amounts of time, totaling 31 hours, at Tinley Park, Illinois, and at Mokena, Illinois, which the Petitioner contends is on the territory of the position established under Item 2 of the Memorandum of Agreement.

 The Petitioner contends that Claimant's assigned territery is between Joliet, Illinois, to and including Davenport, Iowa, and that the work he performed outside of that territory on the dates involved entitled him to additional payment at one-half time rate under the provisions of the Memorandum of Agreement of December 14, 1961. Therefore, the question

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to be decided is whether Claimant was used off his assigned territory on the dates involved. There is no indication that the work that he performed would fall within the exceptions contained in the Memorandum of Agreement of December 14, 1961.


We note that in handling the dispute on the property the General Chairman stated that the position that Claimant occupied was "bulletined with a definite headquarters and with a definite territory limit and when he is working off the limits of his territory he is entitled to the extra half time." There was no specific denial of this assertion.


In the opinion of the Board the Memorandum of Agreement of March 11, 1966, did establish territorial limits for each of the positions established thereunder, and that Claimant's territory was between Joliet, Illinois, to and including Davenport, Iowa. When used outside of that territory Claimant was subject to the provisions of the Memorandum of Agreement of December 14, 1961.


The Carrier cites Award 16566 as supporting its position. That award involved the interpretation and application of Memorandum of Agreement of September 9, 1954, which was superseded and cancelled by the Memorandum of Agreement of March 11, 1966, and which contained provisions not contained in the latter agreement.




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














Dated at Chicago, Illinois, this 30th day of June 1969.

 Central Publishing Co., Indianapolis, Ind. 46206 Printed in U.S.A.

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