NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20093
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Union Pacific Railroad Company that:
A. The Union Pacific Railroad Company violates the current Signalmen's Agreement, effective Apri
Section (f) and the "NOTE" thereunder, when it assigns Signal Inspectors
W. L. Jones and R. C. Youngren to perform their routine and principal
duties of inspecting and testing signal appliances, apparatus, circuits
and appurtenances on Saturdays, the sixth (6th) day of their work week,
and then declines and refuses to compensate them at their respective time
and one-half rate of pay for service rendered on these days.
B(1). Claim is therefore submitted that the Union Pacific Railroad Company is now, and shall be,
W. L. Jones and R. C. Youngren, in addition to their regular monthly rate
of pay, at their time and one-half rate of pay for eight (8) hours each on
Saturday, March 20, 1971, and Saturday, March 27, 1971, days which they
would not have normally worked, for services rendered in the performance
of their routine and principal duties of inspecting and testing signal
appliances, apparatus, circuits, and appurtenances.
B(2). Under the provisions of Rule 41. Time Limits-Claims or
Grievances, Section (d), of the current Signalmen's Agreement, effective
April 1, 1962, this claim shall be considered as a continuing claim and
shall be effective for each and every Saturday subsequent to March 27, 1971
that the conditions as stated in Sections A and B(1) above are allowed to
continue by the Union Pacific Railroad Company.
OPINION OF BOARD: The Claimants in this dispute are monthly rated Signal
Inspectors whose overtime pay is governed by Agreement
Rule 10 which reads in pertinent part:
"(f) Nothing herein shall apply to monthly
rated positions except for work performed on their
assigned rest day or in accordance with the provisions of Section (e) of this rule.
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Docket Number SG-20093
"Note: Positions of signal inspector, signal foreman,
assistant signal foreman, signal shop foreman
and assistant signal shop foreman, will be
assigned one regular rest day per week, Sunday
if possible, and rules applicable to other
employes covered by this agreement are applic
able to service on such assigned rest days, how
ever these positions are not subject to the hours
of service rules on other days. Conditions here
tofore applicable to such employes on Sunday shall
hereafter apply on the sixth day of the work week."
On Saturdays, March 20 and 27, 1971, the sixth day of their work
weeks, the Claimants were required to perform their regular Inspector's
duties in order to bring the Carrier's inspections of its signal system
into compliance with Department of Transportation requirements. The Claimants contend that they shou
that service, in addition to their basic monthly rate.
Agreement Rule 10 (f) eliminates monthly rated positions from the
provisions of requiring payment of overtime except on the employes' rest
day, here Sunday. :lone of the work in dispute is alleged to have been performed on a Sunday; hence,
The Employes also rely on the provision in the NOTE to Rule 10
that "Conditions heretofore applicable to such employes on Sunday shall
hereafter apply on the sixth day of the work week." It is alleged that in
the past overtime rate has been paid for Sunday work. That position is
challenged by the Carrier, and there is no evidence in the record before us
to support the allegation, nor does the Agreement show what those conditions
were. Hence, we must hold that the Employes have not sustained their burden
of proof, and we must dismiss the 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;
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;
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Docket Number SG-20093
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 dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: I
II
Executive Secretary
Dated at Chicago, Illinois, this 8th day of November 1974.