NATIONAL RAILROAD ADJUSr,fENT BOARD

Award Number 20630

THIRD DIVISION Docket Number SG-20498

Robert A. Franden, Referee

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (Chicago and North Western Transportation Company

STATEMENT OF CLAIM: Claim of the System General Committee of the Brother
hood of Railroad Signalmen on the Chicago and North
Western Transportation Company that:

(a) On or about May 24, 1972, the Carrier violated the current Signalmen's agreement, particularly R also Circular Letter No. 1380, I.C.C. inspection rule page 76, when Carrier unilaterally assigned S&O Leader Signalman M. L. Elsberry to the temporarily vacant position of Signal Maintainer at Ames, Iowa.

ment when it unilaterally dent Signalmen's Agree-
ment assigned the above named "pending bulle-
tin", on Bulletin No. 12 dated June 20, 1972.

(c) Carrier now be required to compensate M. L. Elsberry for

all time beginning May 24, 1972 at Rule 20(a) which applies to work off
his regular assignment under provisions of the Agreement.
. /Carrier's File: 79-3-107/

OPINION OF BOARD; The Signal Maintainer at Ames, Iowa was laid off be
cause of an eye injury. The Carrier assigned Leader
Signalman Elsberry, the Claimant, to work thAt position on a temporary
basis. When the Carrier learned that the injured Signal Maintainer
would be out for some time the Claimant was assigned to said position
"pending bulletin".

It is the position of the Orglnization that Rule 20 (a) of the agreement was violated when Claimant was first used temporarily on said position. It is further claimed that Rule 38 was violated when the Carrier failed to get the Agreement of the local Chairman before filling the vacancy pending bulletin.

Rules 20 (a) and 38 are quoted below: '

"Rule 20(a) . An employe assigned to a section, shop, or

plant will not be required to perform work outside such sec

lion, shop, or plant not covered by his assignment, except

in case of emergency when there are no other qualified sig

nalmen available, and when so employed will be allowed addi

tional compensation on basis of one-half regular hourly rate

Award Number 20630

Docket Number SG-20498 Page 2

"for time worked. Men will not be required to remain away from their section, shop, or plant in excess of three days. This rule does not apply to helpers or assistant signalmen who may be temporarily advanc temporary vacancy."

"Rule 38 (a) New positions or vacancies will be bulle-

tined within thirty days previous to or ten days following

dates new positions are established or vacancies occur, ex

cept that bulletins covering temporary vacancies caused

by regular assignee laying off account sickness or for

brotherhood business may be deferred until the expiration

of thirty days from date such vacancies occur. All bulle

tins will show classification, job number, location and

probable duration.

As near to the 15th of each month as practicable, a bulletin will be issued showing all assignments of employes to positions during the preceding thirty days whe are not covered by other bulletins.

(b) Assignments to new positions or vacancies will be made after bulletin notice has been posted for a period of seven days at all headquarters, and copies sent to system general and local chairmen, during which time applicants will file their bids in duplicate with the local chairman and the officer whose name appears on the bulletin, duplicate copies to be receipted and returned to. applicant. Within the next succeeding five days name of successful applicant will be bulletined and date of transfer stated, which will be not later than five days thereafter, unless bulletin advertising new position or vacancy established dat vacancies pending bulletin, such assignment will be as agreed to by supervisor communications and signals and local chairman, senior man to be given preference." (Emphasis applied)

The Organization has failed to show that t_he actions

of the Carrier in assigning Claimant to work the Signal Maintainer
position at Ames, Iowa was a violation of Rule 20(a). It is incumbent
on the Organization to show that the Claimant falls under the language
of 20 (a) which qualifies those entitled to the punitive rate.

Award Number 20630 Page 3

Docket Number SG-20498

With regard to Rule 38, however, there is no question but that the Carrier was required to obtain the agreement of the local chairman prior to filling the vacancy pending bulletin. The Organization denies, as the Carrier has has refused to negotiate on these matters. In regard to the instant matter the record is clear that no effort whatsoever was made. This was violative of the agreement.

We will sustain the claim as to part B and allow an additional one-half day compensation to Clai June 20, 1972 to July 3, 1972.

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 violated.

A W A R D

Claim sustained in part in accordance with this opinion.

NATIONAL. RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: awf ~~I~ rQJ

Executive Secretary

Dated at Chicago, Illinois, this 7th day of March 1975.

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