NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19375
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE: (
(The Denver Union Terminal Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Rail
road Signalmen on the Denver Union Terminal Railway Company
that:
(a) The Denver Union Terminal Railway Company violated the current
Agreement with the Brotherhood of Railroad Signalmen effective September 1,
1949, including revisions, when it abolished the position of Signalman No. 4 in
violation of Rules 13, 20, and 63, requiring incumbent to suspend work on regular work day, and work
to him at the straight time rate in an effort to evade application of the rules
of this Agreement.
(b) Mr. G. J. Miller be allowed 16 hours at $3.9055 and 16 hours at
1/2 x $3.9055, totaling $93.73, in addition to any other compensation earned by
him during the month of December, 1969. (General Chairman's File: GTM-12-29-69.
Carrier's File: 018.1)
OPINION OF BOARD: This case involves a change in Claimant's assignment for a
seventeen day period just prior to Christmas in 1969. The
change in position, accomplished by a series of bulletins, resulted in Claimant
doing the same class of work, in the same place and at the same pay; the only
change was in the work days, shifts and hours.
Petitioner alleges that the change was made for the sole purpose of
avoiding payment of overtime to Claimant for one shift each of two weeks. Carrier contends that the
the purpose of providing adequate service during the pre-Christmas mail rush
and were identical with changes in assignments made at the same time over the
previous seven years.
This case involves the same parties, employees and circumstances
(merely a different Claimant) as those involved in Award No. 19638 which this Board,
with the same Referee participating, recently decided. In this case as in the
previous matter, we hold that the perogatives of management, unless limited by
the Agreement or the law, must remain vested in the Carrier. This principle has
long been affirmed by the Board. (See Awards 11793, 11776, 12358, 13490, 16851
and many others). As we said before, the right to manage includes the right to
change work assignments or schedules to effect economies (including saving on
over-time) as long as these changes are not prohibited by the Agreement.
We find no violation of the Agreement in the case before us.
Award Number 19699 Page 2
Docket Number SG-19375
XFTNIDI1:1S: The Third Division of the Adjustrcnt Board, upon the whole record
and all the evidence, finds and holds:
That the rarties waived oral hearing;
7""hat the Carrier and the Emplofcs involved in this dispute axe
respectively Carrier an9 L..-plo;,°::s within the tcaning of the Railway Labor Act,
as epprm:ed June 21,
1934;
That this Diviaion of the Adjustr_=nt Board has jurisdiction over the
dispute ir;·clved hcrcin; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIC:7AL RAILXC.2D ADJUST 7X1' B41RD
By Order of Third Division
AIRTST:
Lx~uaUvc SccrcLary
Dated at Chicago, Illinois, this 29th day of March 1973.