NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20404
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
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.
/Carrier's File: D-6941/
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:
"Rule 19. Employes assigned to regular maintenance
duties recognize the possibility of emergencies in the
operation of the railroad, and will notify the person
designated by the Management where they may be called.
When such employes desire to leave their home station or
section, they will notify the person designated by the
Award Number 20466 page 2
Docket Number SG-20404
"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:
G·
94449M -
Executive Secretary
Dated at Chicago, Illinois, this 25th day of October 1974.
I