NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Southern Pacific Company that:
EMPLOYES' STATEMENT OF FACTS: Claimants, Foreman W. .1. K~ndall and Signalman R. W. Warren were members of Signal Gang No. 2 of the Coast Division seniority district, working Monday through Friday, with Saturday and Sunday as rest days.
Saturday, December 24, 1966, signal 3206 in the vicinity of Surf, Califox nia on the seniority district of Claimants was damaged.
Carrier called and used employes of the Los Angeles Division seniority district including a signal foreman, from 5:00 A.M. December 24 to 5:00 A.M. December 25, 1966.
An employe of the Coast Division seniority district and member of gang No. 2, Signalman W. J. Paul was called and used the same number of hours as were the employes of the Los Angeles division seniority district.
Claimant R. W. Warren who was a member of the same gang as was Mr. Paul, signal gang No. 2, is senior in seniority in the class involved to Mr. Paul, was available but was not given the opportunity to work.
A foreman and signalman from another seniority district were called and used on the Coast division seniority district although Claimants were
hours at the applicable time and one-half rate and 3 hours at the double time rate of pay.
4. Semi-monthly time roll, Form CS-201-E, (Carrier's Exhibit "B") signed by Claimant Kendall indicated he had claimed 24 hours overtime from 5:00 A.M., December 24, to 5:00 A.M., December 25, 1966, for himself and for Claimant Warren, adding the following explanation therefor:
By letters dated February 24, 1967 (Carrier's Exhibit "C"), Carrier's Los Angeles Division Superintendent notified Claimants Kendall and Warren, respectively, that their claims were denied.
By letter dated March 14, 1967 (Carrier's Exhibit "D"), Petitioner's Local Chairman submitted claim to Carrier's Division Superintendent in behalf of Claimants Kendall and Warren for 24 hours commencing 5:00 A.M., December 24, 1966. By letter dated March 31, 1967 (Carrier's Exhibit "E"), Carrier's Superintendent denied the claim. By letter dated April 20, 1967 (Carrier's Exhibit "F"), Petitioner's Local Chairman gave notice that the claim would be appealed.
B;; letter dated May 15, 1967 (Carrier's Exhibit "G"), Petitioner's General Chairman appealed the claim to Carrier's Assistant Manager of Personnel and by letter dated July 27, 1967 (Carrier's Exhibit "H"), the latter denied the claim.
OPINION OF BOARD: Claimant W. J. Kendall was foreman and Claimant R. W. Warren was a signalman on Signal Gang No. 2 of the Coast Division Seniority when, on one of their rest days, Carrier called a foreman and signalmen from a different seniority district to perform work on the Coast Division Seniority District.
The claim herein was filed and during handling on the property the sole defense asserted by Carrier was that:
The record does not establish that Carrier adduced any evidence on the property to support the contention that Foreman Kendall declined a call; it does establish that the Employes submitted a statement of Foreman Kendall indicating that he did not decline a call and held himself available for service.
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;