NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-19967
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Rail
road Signalmen on the Baltimore and Ohio Railroad Company
that:
(a) Carrier violated Rule 58, when, on or about February 19, 1971,
toilet and water facilities at the Maintenance Unit Headquarters, West Newton,
Pa., were unusable.
(b) Carrier should now pay to Signal Maintenance Employes Charles
T. Green, Marion D. Swaney, John Zurick, Jr., and James E. Brown one dollar
($1.00) per day until such time as this condition is corrected.
(Carrier's File: 2-SG-48; 2-S-9-1)
OPINION OF BOARD: Claimants allege that Carrier violated Rule 58 because
toilet and water facilities at the Maintenance Unit Head
quarters were unusable. Rule 58 requires:
"Headquarters will be provided for all hourly-rated
employees and shall be kept in good repair by the
Company and in clean and sanitary condition by the
employees. They shall be properly heated and lighted
and sufficient air space provided. Drinking water
and water suitable for domestic use shall be made
available. Headquarters shall be adequately furnished
with chairs, desks and lockers and toilets shall be
accessible."
It appears that from mid-February until sometime in September of
1971, the toilet facilities at Claimants' Headquarters were virtually unusable.
The Carrier appeared to recognize a violation because in early May,
1971, the Division Engineer advised the Local Chairman:
"To eliminate this complaint
....
I propose to change the
headquarters ....to the Passenger Station ....where all
facilities required by Rule 58 are available."
i
Award Number 20133 Page 2
Docket Number SG-19967
Although Carrier now argues that the employees rejected the proposal, the record, as established
Under the rules of this Board, we may not consider matters raised after submission here.
From a review of the entire record we conclude that there was a
violation of the Agreement.
The Organization seeks nominal damages in the amount of $1.00 per
day for each Claimant during the period of the violation, citing Award 13092
(West). We are reluctant to award any damages in this dispute. While we do
not discount that certain inconveniences may have been suffered by Claimants
from time to time, they obviously recognize an impossibility of establishing
either the fact, or quantum, of monetary damages. We have no authority to
impose a punishment see Award 19750 (Lieberman) and Awards cited therein,
nor will we engage in speculation (see this Referee's Award 19832).
The record shows that Claimants were advised to use other facilities.
Nothing of record suggests that Carrier objected to any additional time consumption occasioned by th
anti-pollution and ecological requirements. The record fails to show that
under the circumstances the Carrier was dilatory in its correction of the
problem.
Award 13092, cited by Claimants, suggested an award of nominal
damages as a prevention of a recurrence of a violation. While nominal damages
may or may not be an appropriate remedy for an Agreement violation (we do not
decide that issue), there is nothing of record here to suggest, in any manner,
that Carrier was indifferent toward, or ignored, the violation. In point of
fact, Carrier recognized the difficulty and corrected same. For the reasons
stated above, we will deny Claimants' claim for damages. See Award 18283
(Devine).
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
Award Number 20133 Page 3
Docket Number SG-19967
That the Agreement was violated.
A W A R D
Claim (a) is sustained.
Claim (b) is denied.
NATIONAL RAIOROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
~4,1,
~~
Executive Secretary
Dated at Chicago, Illinois, this 31st day of January 1974.