NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20480
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claims of the System Committee of the Brotherhood
of Railroad Signalmen on the Chicago and North
Western Transportation Company that:
Claim No. 1
(a) On or about May 19, 1972 the Carrier violated the current Signalmen's Agreement, particularl
Sig. Mtnr. B. S. Williams was not called to perform overtime work on
the highway crossings signals 3 miles West of Early, Iowa, which is on
his assigned territory.
(b) The Carrier now bye required to compensate, B. S. Williams
for 4 hours at his overtime rate, the amount of time consumed
by
Sig.
Mtnr. D. F. Marr performing the above work.
(a) On or about May 23, 1972 the Carrier violated the current
Signalmen's Agreement, particularly rules 2(d) and 16 (a) when Ldr. Sig.
Mtnr. B. S. Williams, was not called to perform overtime work on the
highway crossing signals at Odebolt, Iowa, which is on his assigned
territory.
(b) Carrier now be required to compensate him for 3 hours
and 30 minutes at his overtime rate, the amount of time consumed by
D. F. Marr, Signal Mtnr. who performed the work.
(a) On or about May 24, 1972, the carrier violated the
current Signalmen's Agreement, particularly rules 2(d) and 16 (a) when
Ldr. Sig. Mtnr. B. S. Williams, was not called to perform overtime work
on the highway crossing signals 3 miles West of Wall Lake, Iowa on his
assigned territory.
(b) The Carrier now be required to compensate him for 4
hours and 30 minutes, the time consumed by Signal Mtnr. D. F. Marr,
performing the above work.
Award Number 20803 Page 2
Docket Number SG-20480
(a) On or about June 22, 1972, the Carrier violated the current Signalmen's Agreement, particula
8. S. Williams, was not called to perform overtime work on the crossing
signals at Willis Ave., Fort Lodge and the highway crossing signals 3 miles
West of Wall Lake, Ia. which are on his assigned territory.
(b) The Carrier now be required to compensate him for 5 hours at his
overtime rate, the amount of time consumed by Sig. t-ltnr., U. F. Marr,
performing the above work.
LCarrier file: 79-3-108]
Claim No. 2 -
(a) On or about August 14, 1972, the Carrier violated the current
Signalnen's Agreement, particularly rules 2(d) and 16(a) when the Carrier
assigned supplemental overtime work on the County Road crossing signals
at Arthur, Iowa to Signal Maintainer, D. F. Marr instead
of
leader signal
maintainer, 8. S. Williams, whom directs the work of the above named
maintainer.
(b) The Carrier now be required to compensate B. S. Williams for 2
hours at his overtime rate, the amount
of
time consumed by Mr. Marr performing
the above work.
(a) On or about August 18, 1972, the Carrier violated the current
Signalmen's Agreement, particularly rules 2(d) and 16(a) when Carrier called
signal maintainer, D. F. Harr, to perform emergency repair work on the Hwy. 03
crossing signals at Gilrnure City, Ia., instead
of
calling the Leader Signal
Mtnr., B. S. Williams, whom under rule 2(d) directs the work of the above
nartnd maintainer.
(b) The Carrier now be required to compensate 8. S. Williams for 3
hours at his overtime rate, the amount of tire consumed by Mr. Marr per-forming the above work.
(a) On or about August 23, 1972 the Carrier violated the current
Signalmen's Agreement, particularly rules 2(d) and 16(a) when the carrier
assigned supplemental overtime work of the repair of Hwy. B17 crossing
signals at Stanhope, Ia. to signal mtnr. D. F. Parr, instead of the Leader
Signal lltnr., B. S. Williams, whom under Rule. 2(d) directs the work of the
above named maintainer.
(b) The Carrier now be required to compensate B. S. Williams, for 2
hours, the amount of time consumed by Mr. Marr performing the above work.
[Carrier file: 79-24-18]
Award Number 20803 Page 3
Docket Number SG-20480
Claim No. 3 .
(a) On or about August 6, 1972, the Carrier violated the current
Signalmen's Agreement, particularly rules 2(d) and 16(a) when it called
the Signal Maintainer, P. J. Penner. to perform overtime work on the
crossing signals at Gilman Street, Sheffield, Iowa, instead of calling
the Leader Signal Fitnr., B. S. Williams, whom directs the work of the
above maintainer.
(b) Carrier now be required to compensate B. S. Williams for a call
the amount of time consumed by P. J. Penner performing the above work.
(a) On or about August 9, 1972, the Carrier violated the current
Signalmen's Agreement, particularly rules 2(d) and 16(a) when it did not
call the Leader Sianal Maintainer, B. S. Williams, but called the
Maintainer, P. J. Penner, whom is under the direction of the above named
Leader, for overtime work on the Mason City Interlocker with the Clear
Lake Railroad.
(b) Carrier now be required to compensate B. S. Williams, a call,.
2 hours and 40 minutes, the amount of time consumed by the Maintainer
performing the above work..
(a) On or about August 24, 1972, the Carrier violated the current
Signalmen's Agreement, particularly rules 2(d) and 16(a) when it did not
call the Leader Signal Haintainer, B. S. Williams, to perform emergency
repair work on the Clark Street flashing light signals at Albert Lea, Minn.,
but instead called the signal maintainer P. J. Penner, %-them is under the
direction of the above Leader.
(b) Carrier now be required to compensate B. S. Williams, 3 hours
and 45 minutes, at rate and one-half, for the amount of time consum°d by
P. J. Penner, performinq the above work.
[Carrier file: 7°-24-19]
Claim No. 4
(a) On br about September 23, 1972, the Carrier violated the current
Signalmen's Agreement, particularly rules 2(d) and 1G(a) when the Carrier
assigned supplemental overtime work of the repair of the Clark Strcet
crossing signals at Albert Lea, Minnesota to sional maintainer, R. R.
Siders, instead of the Leader Signal V:aintainer, B. S. williana, whom,
under rule 2(d) directs the work of the above named maintainer.
Award Number 20803 Page 4
Docket Number SG-20480
I
44
(b) Carrier now be required to compensate B. S. tlilliams for 2 . i
hours and 40 minutes, at rate and one-half, the artmunt of time consumed
I
by R.
R. Siders performing the above work.-
.,(a). On or about September 28, 1972, the Carrier violated the current ' . ~,
Signalmen's Agreement, particularly rules 2(d) and l6(a) and the I"smorandum
of Understanding on the Mason City Territory, when the Carrier assigned
supplemental overtime work to signal maintainer R. R. Siders, repairing the
crossing signals on Clark St., Albert Lea, finnesota, instead of to the
Leader Signal Maintainer,
B.
S. Williams, whom under. rule 2(d) directs the
work of the above named maintainer.
(b) Carrier new be required .to compensate B. S. Williams for 3.1/2
hours, the amount of time consumed by R.
R.
Siders performing the above
work. '
(a) On or about September 29, 1972, the Carrier violated the current i
Signalmen's Agreement, particularly rules 2(d) and 16(a) and the Memorandum
of Understanding on the hason City Territory, when the Carrier assigned
supplemental overtime work repairing the crossing signal struck by auto-
mobile at Trimont, hinn. to signal maintainer, R. R. Siders, instead o` the !
Leader Signal 1"aintainer, B. S. Hilliams whom under rule 2(d) directs the
work of the above named maintainer.
(b) Carrier now be required to compensate
B.
S. Williams for 4 hours
at his overtime rate, the amount of time which was consumed by R. R. Siders
performing the above work i
(a) On or about October 5, 1972, the Carrier violated the current
Signalmen's Agreement, particularly rules 2(d), 16(a) and the Memorandum
of Understanding on the Mason City territory, when the Carrier assigned
supplemental overtime to signal maintainer,
R. R.
Siders, repairing the
crossing signals at Cortland, ifinnesota instead of the Leader Signal Maintainer, B. S. WilliaLIs, w
named maintainer.
(b) Carrier now be required to compensate 8. S. Williams 4 hours
and 40 minutes, at his overtime rate, the amount of time which was consumed
by R. R. Siders performing the above work.
[Carrier file: 79-24-20]
Award Number 20803 Page 5
Docket Number SG-20480
OPINION OF BOARD: This case arises from the same set of facts cir
cumstances as does Award 20801. On
the claim dates at issue herein, Claimant B. S. Williams was the
Leader Signal Maintainer for the combined Mason City Signal Mainten
ance territory, established by Carrier by Characteristic Notice dated
January 24, 1972. On various dates listed, Signal Maintainers under
the direction of Claimant were called to perform overtime work in the
territory, rather than the Leader Signal Maintainer. The Organization
contends that this constitutes a violation of the Agreement, in par
ticular a Memorandum of Understanding dated January 16, 1941.
The positions of the parties herein are substantially the
same as those discussed in our Opinion in sustaining Award
20801 and, for reasons developed fully in that Award, we surmount the respective procedural objectio
Carrier suggests that the instant case should be distinguished because the Signal Maintainers who pe
work were not all headquartered in Mason City but rather at other locations in the territory. The di
the Memo of January 16, 1941 admits of no such distinction, reading
in pertinent part that: "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" (Emphasis added). Moreover, Carrier has argued persuasively in
For reasons developed more fully in Award 20801
the Leading Signal Maintainer had the prerogative to answer
the calls listed in the various claim dates and, accordingly, the
claims are 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 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.
Award Number 20803 Page 6
Docket Number SG-20480
A W A R D
Claims sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 29th day of August 1975.