(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the St. Louis-San Francisco Railway Company:

On behalf of Signal Maintainer C. D. Bradshaw for 2.7 hours' overtime pay account not used for overtime on his territory on February 21, 1972.


OPINION OF BOARD: Claimant is a Signal Maintainer on regularly assigned
territory out of Tulsa, Oklahoma. On February 21,
1972 signal trouble developed on claimant's assigned territory between
the Tulsa interlocking and Carrier's main classification yard at Tulsa,
outside of claimants regular working hours. Claimant had not registered
absent and Carrier's wire chief made one effort to call claimant by
telephone.

The uncontroverted record shows that claimant's wife answered the telephone and that the wire chief, without identifying himself, asked if claimant was home. When informed that he was not, the wire chief hung up and called another signal maintainer to perform the repair work.

In the handling on the property, Petitioner contended that the wire chief hung up the telephone before claimant's wife could inform him that claimant was picki chief approximately 15 minutes after being called.

Thereafter, on April 12, 1972 the instant claim was filed alleging a violation of the Agreement in particular Rule 19:





        "Management that they will be absent, about when they will return, and when possible, where they may be found. Unless registered absent, regular assignee will be called."


Pursuant to rules such as Rule 19, a reasonable effort must be made to call the maintainer on whose territory the trouble develops. In our considered judgement the single telephone call by the wire chief, in the facts shown on this record, did not constitute such requisite reasonable effort. Therefore, the claim shall be sustained.

        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
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                  A W A R D


        Claim sustained.


NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: 94449M -
        Executive Secretary


Dated at Chicago, Illinois, this 25th day of October 1974.

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