NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19991

THIRD DIVISION Docket Number SG-1978

Burl E. Hays, Referee

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Chicago and North Western Railway Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood of Rail
road Signalmen on the Chicago and North Western Railway
Company that:

(a) The Carrier violated the current Signalmen's Agreement, in particular Rule 9A and Rule 18, when at South Pekin, Illinois, to remain away from headquarters overnight on November 10 and 11, 1970, while working on AFE 1181600.

(b) The Carrier now compensate Mr. Hobbs 26 hours at his overtime rate (rate and one-half) for the amount of time that Mr. Hobbs was not permitted to return to his bulletin headquarters. !Carrier's File: 79-1-337

OPINION OF BOARD: Claimant T. R. Hobbs, a regularly assigned hourly-rated
Signal Maintainer with headquarters at South Pekin, Illinois, was instructed by Carrier's Supervisor to perform services near Benld, Illinois, which was in his assigned working territory but some distance from South Pekin.

Claimant performed this work on November 10 and 11, 1970, and is seeking pay for 13 additional hours for each of these days, contending that he was not relieved from duty and permitted to return to South Pekin, his headquarters. He relies on the provisions of Rule 9 (a) and Rule 18 of the Agreement, effective June 1, 1951.

The Carrier contends the work assignment in this case is covered by Rule 19. We are inclined to agree with this position. Rule 19 covers hourlyrated employes assigned t return to headquarters each day. It does not provide for payment of continuous time on days an emplo The work in question was not emergency work and was not on a part of the railroad other than Claiman any basis for this claim.

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;

Award Number 19991 Page 2

Docket Number SG-19789

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 12th day of October 1973.

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