RATDOMIIL
RAILROAD ADJGBTMM DOARD
THIRD DIVISION Docket Humber SG-20633
William M. Edgett, Referee (Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE. .
(George P. Baker. Robert W. Blanchette and
( Richard C. Bond, Trustees of the Property
( of Penn Central Transportation Company,
( Debtor
BTATEIQNT OF CLAIM: Claim of the General Committee of the Brother
hood of Railroad Signalmen on the Penn Central
Transportation Company (former Hew York Central Railroad Company
Linss
West of Buffalo):
On behalf of Signal Maintainer R. J. Clawson for six
(6)
hours' pay at the overtime rate, account on December 9, 1972, Norfolk
6 Western Railroad signal forces performed signal rail bonding work
in the limits of the Veedersburg Interlocking. Zc-ase Ho. SRS-W1_77
OPINION OF
BOARD: The facts in this case are essentially undisputed.
The Carrier required the use of an employe to perform rail bonding work at Veedersburg Interlock
1972. The necessity for this work arose out of the replacement of a
defective rail by Norfolk & Western track forces who were working in
the vicinity. The Carrier used a Norfolk & Western maintainer who
was working with the track forces to perform the bonding work. The
Carrier concedes the work normally would accrue to the Signal forces
of this Carrier but asserts in defense of its use of Norfolk & Western
forces that its attempt to call the Signal Maintainer proved unsuccessful and while it considered ca
because of the emergent nature of the work.
While we concede the Carrier's right in a bonafide emergency
to take those necessary precautions to protect its property and perform
its service, we are of the opinion the Carrier has not proven the
present factual situation is one constituting an emergency which justifies the use of non-contract e
other hand, there is no proven basis for a claim of six hours overtime compensation in this case and
provided by Rule 12(b).
Award Number 2083,,5~ Page
2
Docket Number
$620633
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 vas violated as expressed in the opinion.
A W A R D
Clain sustained per opinion.
NATIONAL RATLROAD AD.T1JSTMRNT
ROARn
By Order of Third Division
ATTEST;
J9 W
ski`
9xecutive Secretary
Dated at Chicago, Illinois, this 24th day of October 1975.