-Y:=C%1L P41ILRCAD ADJ1lST.TNT °CAi1
Irwin M. Lieberman, Referee Docket Number SG-19478
(Brotherhood of Railroad Signalmen
PARTIES TO DISIi_'TF:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Louisville and Nashville
Reilrcad Company:
For thr^e (?) hours end thirty (30) minutes at overtime rate in
favor of C. F. Fnill;,s for not bcina u.,nd in accordance with Rule 17(d).
farrier's File:
r-Z::~-?
OPINION OF POARD: Claimant vas assigned to SiEnal
Gnnr, Pie,. 14
His
a Signalman
on .^.e-±=rb?r '? and Sentcmbcr 1^,
ic6o.
On September
9
three
hours ef overtime wor:,·as required by two memb·:rs cf thin ;;-nr end on
September 10 th?rt·r .-:nutcs of Dve.rti!-,e was required S.· two m=nbers of the gang.
On both days the ocerti,-a work consisted cf bondinq rail and on both occasions
Carrier used n GiEna-:::n, senior to Clair·.ant, and tin n..^iaistant signalman to do
the work.
Petiticner rr^up; ';hat Claimant should have been used to perform the
overtime work invc7.:ec~ teceu:;e he was senior to th^ ^ssistant sicnalman used
and because the class of war: invnivcd (bond'.:_,· r^il.) was g^nerally recognized
as belonging to employees holdtniz the claGsific~ticn of Signalman.
The Carrier st-tes that the overtime work in jupstion required the
services of ^. Si~nL.^.-n -nd -,n Assistant Si;71clmnn; Cirrier a.-roes that the
work of bonding rail telon-s to Si^nnlm,-.n but states that in this instance,
only one Signalman o-:as req,ured.
The pertir.cnt rules relating to Assistant Signalman and Overtime
are as follows:
"Rule ~. Assistant Signalman, Assistant Signal Maintainer
An e,ploye in training for the position of signalman
or si--nsl ,maintainer working with and under the
direction of a signalman or signal maintainer.
NOTE-Insertion of the word 'with' in this paragraph
is not intended to restrict assistants from
performing work under the direction of a signalaan
or signal maintainer. It is not intended that the
word 'with' means that assistants must work within
any specified zone or distance in performing the
work under the direction of a mechanic. Likewise,
it is not intended that assistants be sent out alone
and on their own responsibility to perform bona fide
mechanics' work."
Award Number 19596 Page
Docket Number SG-1^47P
"Rule 17 Overtime and Calls
(d) When overtime service is required of a cart
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."
Under Rule 31 (c) Signalmen are placed in Seniority Class 5 while
Assistant Signalmen are placed in class
6.
The Crr-_ni^ation seems to be con-erred that nn assistant Signalman
performed Sign1a.:r's work: we find no evidence in the record to support this
contention. Further, :·~
,°·~a.
no sunnort r.n either the record or the rules
that two ci^r.^.lman ~:e^^ rer:ircd to ^r:rfcrT. 'he overtirp work in question.
Carrier used two emnic-reel in two difforencc c1-::;,^,ce, Meth in accordrnce
with Rule 17 (d) and Rule 8.
It is well .-..tiled that canayernnt has the rirht to determine how,
when and where wor'.c : n,11 be -erfor-_d ^s ,hell --.. the r:.:~.'·cr of emnloyes
required to acco=lic:r tic :.ssirnrent: !.his r?!;ht is only linited by specific
provisions in the Aer^=cnt with the Or_-ni7^1:icn. In this c^se the Carrier
made the d^_tcrninn.tica ".-.t two Si~nal:=^n r:crc r.--t rezi.ir=_d for the overtime
in questicn.
In a. clo set-..- --r^'~cl. crse, Avard ho. 176,5, ·-e fcund that Carrier
did :rot vici^.te the cr,-.tr=c'; when he u:ed rn !.e sirt·rt Si~Tnal 1'»intainer and
a Si,rnal .4^int~-per _-r r:-r':.=i.in n-.·ertin=_ wcr,- rrt'::er then t;r0 ;~i_nal
Maintainers. We ch°.il hc1d siMilnrly in thin ca.s^_.
FLT7D71·':S: ^he Third ~i-ir-i^n of the AOiu::t!sent Poar(i, upon the whole record
end e11 l:-= evi,;.~rrce, finds and ':cl~?s:
That the -r°rtics waived crr:l he^.rin,;
Th!.t the ':-.rr'_~r nd
`,.e^_
Lm-~lcyes involved in this^. dispute are
respectively Carrier ·rri E^-loyer within the r:e_ainz of the Rnllway Labor
Act, as ap-r~vF·d June -1, 1^°IS;
That this Livisicn of the Adustn<nt Bcard has jurisdiction over
the dispute invclved h^-weir; and
That the A~-re?ment was not violated
A W A '; D
Claim denied.
Award Number 19596 Page
3
Docket Number SG-19478
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chica,,o, Illinois, this 14th
day
of February 1973.