C:\MYDOCU~1\SCHEDU~2\3-20337.htm

NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20337

THIRD DIVISION Docket Number SG-20008

Irwin M. Lieberman, Referee

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

(The Texas and Pacific Railway Company

STATEMENT OF CLAIM: Claim of the General Committee of the Brother-
hood of Railroad Signalmen on the Texas and Pacific Railway Company:

Carrier pay to Co®unications Maintainer G. W. Bennen (New Orleans) additional payment of eleven (11) hours and th£rty(30) minutes at time and one-half his straight-time hourly rate ($803.13 per month) account required to perform routine maintenance and construction work outside regular wor
February 17, 1971-New Orleans- 3:00 P.M. to 7:00 P.M. - 4 hours
February 18, 1971-New Orleans- 3:00 P.M. to 5:00 P.M. - 2 hours
February 24, 1971-New Orleans- 3:00 P.M. to 8:30 P.M. - 5j hours

jCarrier's File: B-315-39/

DN OF

WAND: Clatit, a Communications Mdataiser, is a

ieis~ masfly

on the thrum claia dabs, whirl tees d

rated supl" cowma by the aore~..

s assnls music

vsei, he pate Week eeatiavfss with bat after his reels: balle
tibd hours. Mmere ezists a conflia· as to 161tha1 1h! walk it
question vas "axdfuzzy satst~ or construction bark", sae eumegammfy wask os am" be ehaustarisad as wua-reartlae work. Re sill aft re solve this controversy m se do aft Bad the isaaa to be site is ibis one.

Petitioner' s ysIscipai aqarrt is Carrier' s Pest Pmectim ;

four iastarmeas of claiws Pail as tin qty is esttlemsar of diaprses
invelvisi overtime for .y employee ease cited. In each of the
,er.1.el.es. Cited tba Carrier officer iaWOjV~ed was tbs Bsperiaesidt
of 2igmais and Communications. lRtitiaas: also cites : l s=ar fame
Carter's Signal goo is 1951, is shich he stated:

"I sstwrs yon that it is

aft

this Campaw's ,,··, ....a~. that

sfrk sat necessary to vat-·.-l- err resaacs Wapsr-aperanon of signal

fac;i3iH.s

be Verfacumd by algam' uvintaiaeis daring other than established working hors".

Award Number 20337 Docket Number SG-2000' The Organization conclude;: that for years or be required outside of assigned hours Monde, additional compensation.

Page 2

emergency service could trough Friday without

,.file no specific rule violation is alleged in this case, Petitioner claimed that the Carrier "overextended the authority and intent" of Rule 48 (b) in failing to compensate Claimant at the overtime rate for the work involved herein. Rule 48 (b) provides:

"Rule 48 (b) 1. Signal Inspectors, Foremen, Leading Signalmen, employes assigned to the maintenance of a section or plant, and employes regularly assigned to perform road work shall be paid on a monthly basis at applicable rate set forth in Rule 47 which shall constitute the compensation for all service rendered except a hereinafter provided in this rule and in Rule 18 . No time will be deducted unless the employe lays off of his own -&card. "

With respect to Petitioner's past practice argoowat the Board her held that payments by operatisg offices without the Image ledge sad final appswisal of the officer authorized to ate and tsbapret the Agronomist m not bisdin (Award 1806 ). In this diapece, the claim settlements cited sea staged by the Ssipseiaaaiest of Signals and fo--ic..im. mho use not the officer signing the Agiseemeat of December 1!, 1968 w41& included Communi under the rules of the basic Agcsmrat nor vas he the ofiiao: with responsibility to interpret the Agro,nest is Carrier's behalf. Eon rose petsoasiwe is the clam and umeohipsoas langosga of Brie 48 (b) abase. Under Paragraph 1 of the Rule the pasties agreed that the moslthly salary "...shall c^-~ the eompassatiaa foe sl1 serrioe rendered except as bereieaft-! groeidei is this snie and is Isle 18". In this case Bole 18 is claaeiy not applicable and the psavisiaos of paragraphs 4 and 5 of Role 48(b) are not gs~rs to this ma, Under the fins, para<aeph the iwbes,0 of the parties !a rlarrssed furtbac is psisidlag for salary adjustments in the eves2 that monthly paid employes are required to work excessive hours. may be concluded anequivocally that Rule 48(b) provides that an awploye,ahc is,ammdta rated, is not entitled to avertfae caspansation for Work pacfaeasd is excess of his bulletined hams derv his regular five day voek wek.

We find so rules support fax P·titi ommr' s contentions or for the claim. in vies of the clear lanputp of Bole 48(b) the practices cited career proven mmilar log es,taiiisbsd Beeped dsctrimeBmsd is not empowered to rowifite the Relst; the Claim at is

Award Number 20337 page 3

Docket Number SG-20008

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 the Railway Labor Act, as approved June 21, 1934; That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an

That the Agreement was not violated.

A W A R D

Claim denied. NATIONAL RAIIROAI) AD.TTTru=n By Order of Third Division ATM=:~ ~i~.~d Rracutive Secretary Dated at Chicago, Illinois, this 31st day of July, 1974.