NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19387
Robert M. O'Brien, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Baltimore and Ohio Chicago Terminal Railroad
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Rail
road Signalmen on the Baltimore and Ohio Chicago Terminal
(a) Carrier violated the current Signalmen's Agreement, as amended,
particularly the Scope, when, on or about March 30 or 31, 1970, men from the
Chicago Division were ordered to make repairs on line wires on the property of
the Baltimore & Ohio Chicago Terminal Company, Pine Junction to Cline Avenue.
(b) Carrier should now be required to compensate all hourly-rated
employes covered by the Signalmen's Agreement for sixty-eight (68) hours at the
time and one-half rate of pay. (Carrier's File: 3-SG-3)
OPINION OF BOARD: On March 25, 1970, the Chicago, Illinois area experienced
a storm which impaired significantly Carrier's signal and
communication facilities. The damage occurred on two separate seniority ter
ritories, one belonging to employes of the B & 0 proper Chicago Division, and
the other to employes of the B & 0 Chicago Terminal. These are two distinct
railroads involving separate Agreements and seniority districts.
Carrier made arrangements immediately to initiate the necessary repairs to the damaged facilitie
By March 31, 1970, the forces on the B & 0 proper had restored their
lines to service so that trains could operate in a comparatively normal manner,
but the B & 0 CT (Chicago Terminal) men had not completed the repair work on
their territory so the B & 0 proper men were used on that day on B & 0 CT territory in order
The Organization contends that signal employes from the B & O proper
have no seniority or other rights on B & 0 Cf territory; that signal work on this
territory accrues to them and that it was a violation of the Scope, Seniority,
and Classification Rules of their Agreement for such work to be performed by B &
0 proper forces; that no emergency existed warranting such action; and that Carrier failed to do all
work in question.
Award Number 19236 Page 2
Carrier concedes that under normal conditions the work in question
belonged to B & 0 CT men. However, the storm caused such damage so as to create
an emergency, and consequently it (Carrier) had to act quickly to restore the
facilities to normal conditions. It further alleged that certain B & 0 CT
employes would not assist it in making the necessary repairs and this precipitated use of B & 0
We agree with Carrier's contention that an emergency did, in fact,
exist as a result of the March 25, 1970 storm. It caused extensive damage to
Carrier's facilities demanding immediate action to remedy them. The Organization's General Chairman
letter of January 18, 1971: "The Systems Committee is in agreement with you
that an emergency condition did exist and it was vital that repairs were made
as soon as possible to restore protection. The storm of March 25, 1970 did
great damage to our line, interrupting signal and crossing protection." In
light of this admission it is difficult to see how the Organization can
challenge the assertion that an emergency existed.
This Board believes that Carrier made every effort to restore service within normal seniority li
emergency existed requiring immediate action to make necessary repairs, Carrier
was allowed wider latitude in the use of its employes to restore normal service.
When it used B & 0 proper men to make such emergency repairs on the B & 0 CT
seniority district under these circumstances, it did not violate the Organization's applicable Agree
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 not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
Executive Secretary
Dated at Chicago, Illinois, this 25th day of May 1972.