NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20416
(Brotherhood-of Railroad Signalman
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System·Committee-of the Brotherhood
of Railroad Signalmen on the Chicago and North
Western Transportation company that:
(a) On or about February 29,-1972; the Carrier violated
the current Signalmen's Agreement when Leader Signal Maintainer J. F. Rairdin was not called to perf
work on his assigned territory, but instead Carrier called
B.S. Williams, Signal Maintainer, who is under the direction
of the above-named Leader.
(b) The Carrier now be required to compensate J. F. Rairdin
at his overtime rate for all timtr consumed by B. S. William
in performing the above work at Steamboat Rock, Ia.,
5:45 P. M. to 9:45 P._ M., February 29, 1972._
LCarrier's File: 79-24-3/
OPINION OF BOARD: On claim date, Claimant J. F. Rairdin was the
leading Signal Maintainer in a road assignment compen
sated at a monthly rate and headquartered at Mason City, Iowa. Pursuant
to a "Characteristic Notice" dated, January 24, 1972 Carrier consoli
dated several prior existing signal mintenance.territories into one
territory staffed, in addition to Claimant as Leader, by a Signal Main
tainer at each of four haadquarters=locationa in the new territory
viz,
Eagle Grove; Gawrie,-Hampton, and Mason City. In a letter accompanying
the Characteristic Notice. Carrier-informed each of the four Signal
Maintainers an follow:
"In connertion.vith tlr.llsaen City maintenance territory
Charmteristim Notice efhotive January
24, 1972, yon will
be under the direction of the 1(ason-City heading 816001
llaintaian, and will pastors service anywhere in such
territory as disrnted.by his.."
subsequent to the coosolidatioa, as February
29, 1972 ore
Dk
9. Williass, Signal llaintaiaer was used to perform overtime work
at Steamboat Hock, 1oma-from
s:4s
P.Ma·to
9:45
P.ri. WllIusvwas one of
the 8igoR1.MYiatatmss Under- tbs;diayctios of C1sIssat and was head-
Award Number 20841 Page 2
Docket Number SG-20416
quartered at Mason City. The Organization, on behalf of Claimant,
maintains that Carrier violated the controlling Agreement when the
Leader Signal Maintainer was not given the prerogative to answer the
call rather than the Signal Maintainer.
The.. Organizatiog.aontanda at the outset that because of
insufficiency of Carrier's denial on the property the claim is payable
under the Time Limit on Claims Rule of the 1954 National Agreement. We
have reviewed the facts on this point and the myriad of cases cited relating thereto. In the circums
such-pzooadural mishandling as to invalidate-resolution of the merits. For
similar reasons, ve.reject Carriers motion that the claim be dismissed
for alleged procedural irregularity regarding specificity of the date on
which the violation occurred. The alleged procedural violations cited by
each party are arguable at best, neither was prejudiced thereby in either
efforts at settlement-os-seswst.ta asbiseat-ion. Accordingly, we are not
persuaded by either of the procedural arguments to divert our attention
from the merits of this dispute.
The Organization cites several sections of the current
Signalman's Agreement but relies on the main upon the express language
of a Memorandum of Understanding dated January 16, 1941 which reads
as follows:
"The leading Maintainer at Mason City is in charge of the
territory and it will be his prerogative to answer any
calls on the territory:
If the leading Maintainer delegates to .the Maintainer
his prerogative to answer ay call the Maintainer will
be compensated at the leader's'rate.
If while the signal Maintainer is acting as leading
Maintainer, the leading Maintainer takes charge of that
call or is called do another job, the Maintainer will
revert to his own rate.
If the position of leading signal Maintainer becomes
vacant the signal Maintainer will fill the position
pending result of a bulletin."
Carrier for the most part bases. its position on a denial of the relevance and applicability-of-the-
connection Carrier asserts that the Memo was negotiated to cover a
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Docket Number SG-20416
specific set of circumstances existing in 1941 at Mason City and that,
upon a change of those circumstances the Memo and its contractual obligation thereunder did in effec
out that when drafted the Memo. applied to a maintenance territory of
some 300 miles, whereas after the 1972 consolidation of territory the
Mason City combined territory is some 1400 miles in extent.
We have reviewed carefully the facts and the Agreement
language cited. Based upon this analysis we are compelled to a
conclusion that the clear language of the Memorandum of January 16,
1941 was violated when the Leader Signal Maintainer was not accorded
the preogative to answer the overtime call on February 29, 1972. The
Agreement language therein says he has the "prerogative to answer my
calls on the territory. The territory has been redefined
by
Carriarse
Characteristic Notice of January 24, 1972 but such unilateral exercise
of a management prerogative may not obviate the clearly articulated and
mutually established prerogative of the employerherein. While adherence to such a contractual requir
quadrupling of the size of the territory it may not be obviated thereby. This Board will not so ligh
seeking relief from Agreement provisions made onerous by changing
circumstances is the negotiating table and not the arbitration
tribunal.
In light of all the foregoing we shall sustain 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 wit
the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
That the Agreement was violated.
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Docket Number SG-20416
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinoisf this 29th day of August 1975.