C:\MYDOCU~1\SCHEDU~2\3-20804.htm

NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 20804

THIRD DIVISION Docket Number SG-20486

Dana E. Eiachen,

Referee

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

(Chicago and North Western Transportation Company

STATEMENT OF'CLAIK: Claims of the System Committee of the Brother=
hood of Railroad-Signalmmn on the Chicago and North Western Transportation Company that:

Claim No. 1:

(a) On or about January 31, 1972, the Carrier violated the

current Signalmen's Agreement, particularly rule 2(d)

and 16 (a) when Ldr. Sig. Mtnr., J. F. Rairdin, was not

called to perform overtime work at Linn Grove, Iowa,

but instead Carrier used :.signal Mtnr._ whom is, under the

direction of the above named ,leader..

(b) The Carrier now be required to compensata,J. F. Rairdin,

a call at his _overtime rate for the above violation.

LCarrier's File: 79-24-5/

Claim No. 2: '

(a) On or about February 19, 1972, the Carrier violated the current Signalmen's Agreement, particularly rules 2(d) and 16 (a) when the carrier did not call Leader Signal Mtnr. J. F. Rairdin, to perform overtime work, on his assigned territory at'Eldora Interlocking, but instead used a signal Ntnr., whom is under the direction of the Leader.

(b) The Carrier now be required to'compensate Mr. Rairdin for

a call at.his overtime rate for the above violation.

LCarrier's Pile: 79-24-6%

Award Number 20804

Page 2

Docket Number SG-20486

Claim No. 3:
n) On or about March 14, 1972 the Carrier- violated the cusrett
SigaalmwU'a Agreement, particularly rules 2(d) and 16(n).e*cn the
Carrier did not use Loader signal maintainer, J. E. Hmsen, for
eeergeney work 11:00 p.m. to 4:00 p.m. at Sheffield, In. but
instead used Signal Maintnlnor B. S. ffillioms, when is the
direction of the above named Leader.

(b) The Carrier now be required to compensate J. E. Hanson,, for an equal aeount of time, at his overtime rate, for the time conauc:dby B. S. tlilliams performing the a

(Carrier's rile: 79-3-105]

Claim No. 4:

a On or about March S, 1972, the Carrier violated the current Signalmen's Agreement, particularly rules 2(d) and 16 (a) when it assigned Signal Maintainer, P. J. Penner, to emergency work at Dumont, Iowa, 11:00 a.m. to 4:SS p.m. instead of calling the Leader Signal Maintainer, J F. Rairdin, whom directs the work of the above named signal maintainer.

(b) The Carrier nor be required to compensate the above named Leader, J. F. Rairdin, an equal amount of time at his overtime rate for the violation.

[Carrier's File: 79-24-7)

Clai No. 5:

o - 0n or about February 27, 1972 the Carrier violated the current Signalnea's Agreement, particularly rules 2(d) and 16 (a) when the Carrier assigned emergency overtime work to Signal War. P. J. Former, instead of Leader Sig. War., J. F. Rairdin, whom directs the work on the Mason City Territory.

(b) The Carrier now be required to Compensate Mr. Rairdin, for an amount of time equal to that consumed by Maintainer Pennor in performing the above work, 1:00 p.m. to 7:00 p.m. at Albin, Iowa.

(Carrier's File: 79-24-8)

Claim No. 6:

o) On or about March 3, 1972 the Carrier violated the current
Signalmen's Agreement, particularly rules 2(d) and 16(a) when

. Leader Signal Maintainer, J. F. Rairdin, was not used for supplemental overtime continuous with hi instead Carrier elected to use Signal Maintainer 0. S. Villirm, whom is under the direction of the above named Leader.

Awa:d ivuwbs:, ~.,jgp4 Page 3

Docket Number SG-20486

(b) the Carrier now be required to compensate J. F. Rairdin, for a1 amount of time equal to that consumed by B. S. Ifilliams, 4:30 p.m. to 9:00 p.m. performing the above work.

[Carrier's File: 79-24-9]

Claim No. 7:

(a) On W-about March 28, 1972 the Carrier violated the current

Signalmen's Agreement, when Leader Signal Maintainer, J. E. Hansen,

was not called to perform overtime work at the Huy. 065 crossing

signals at Iowa Falls, Ia., but instead Carrier elected to call

P. J. Penner, Signal Ntnr. at Hampton, whom is under the direction

of the above named leer.

(b) The Carrier now be. required to compensate J. E. Hanson for an equal amamt of time as consumed by signal maintainer Penner performing the above work.

(Carrier's File: 79-24-10)

Claim No. 8: a .On or about lkrch 18, 1972, the Carrier violated the current Signalmen's Agreement, when the Carrier did not call Ldr. Signal Maintainer, J. E. Hansen, for emergency work on the crossing signals at 15th St., S.E.. Mason City, Iowa, but instead called Signal Maintainer, B. S. Williams, whom is under the direction of the . above named leader.

(b) The Carrier now be required to compensate Leading Signal Maintainer, J. E. Hanson, for (4) hours, the time consumed performing the above work, at his overtime rate.

[Carrier's File: 79-24-11]

Claim No. 9:

a On or about Marsh 26, 1972 the Carrier violated the current

Signalmea's Agreement, when Leader Signal Maintainer J E. Hanson,

was not called to perform overtime work on his assigned territory,

but the carrier called signal maintainer, P. J. Penner, whom is ,

under the direction of the above named Leader:

(b) The carrier now be required to compensate J. E. Hansen for 3 hours and 40 minutes at his overtime rate, the time which was consumed in the violation above.

[Carrier's File: 79-24-12]

Claim No. 10:

a On or out April 5, 1972 the carrier violated the current

Signalmen's Agreement, when the carrier did not use 1dr. Sig. Mtnr.,

J. E. Hansen, for supplemental overtime work at So. Federal Ave.,

Mason City, but instead used Signal maintainer, B. S. Williams,

whom is under the direction of the above.named Leader.

(b) The Carrier now be required to compensate, J. E. Hansen, at his overtime rate for ail time consumed by B. S. Williams, performing the above work.

[Carrier's File: 79-24-13]

I

Award Number 20804 Page 4

Docket Number SG-20486

Claim Ho. 11:
Ta On or about march 22, 1972 the Carrier violated the current
Signalmen's Agreement. when it did not assign emergency work to
Leader Signal Mtnr. J. E. Hansen, but instead called and used
Signal Haintainer B. S. Williams, whom is under the direction of
the above named Leader.
(b) The carrier now be required to compensate, J. EHansen, for (3)
hours, the time consumed by 8. S. Williams performing work on
crossing signals at Sand Pit Road, Lehigh Cement Company, Mason
City, and replacing the marker light on the Milw. Plant.
OPINION OF BOARD: The instant case, like its predecessor related

cases, Awards 20801 and 20803:.preeents the question

as to whether Carrier violated the Agreement, particularly a memorandum of Understanding dated Januafy 16, 1941, by calling Signal Maintainer's rather than the Leading Signal Maintainer to perform overtime and energency work on the Mason City c

_d_bTCarr~er's haracteristic Notice_of January24, 1972. Claimants

herein were successive incumbents of the Leader Signal Maintainer poeitiod

headquartered at Mason City, an the respective claim dates as indicated.

The positions of the parties herein were identical to those

_saised _in out AVards 20801 and 20803. For..reasoneJ4.veloped more fully therein we sustain the instant claims on their merits.

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 Employee 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

'Chat the Agreement was violated.

A W A R D

Claims sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

Order.of Third Division

ATTEST: Executive Secretary

Dated at Chicago, Illinois, this 29th day of August 1975.

I