NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number SG-20735
Louis Norria, Referee (Brotherhood of Railroad Signalman
PARTIES TO DISPUTE. .
(Erie Lackawanna Railway Company
STATEMENT CHI CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Erie Lackawanna Railway
Company:
on behalf of W. K. French, monthly rated Foreman of Maintainers,
headquartered at Patterson, N. J., New York Division, for eight hours at
time and one-half rate for work performed on Saturday, November 25, 1972,
the sixth day of his work week. General Chairman File #473; Carrier's
File 215-Sig-.7
OPINION CF
BOARD: Claimant in this dispute is a montbly rated Foreman
of Maintainers, Saturday being the sixth day of his
work week and Sunday being his assigned rest day. On the Saturday here
in issue, Claimant was ordered to work with a designated crew of Signai
men in "replacing switch timbers" at a specific switch No. 37. Demand is
made for compensation as detailed in the Statement of Claim.
Petitioner contends that under the provisions of Rule 7 of the
controlling Agreement, specifically Rule 7(d)s Foremen are not required
to perform "ordinary maintenance or construction work" on the sixth day;
that the work here involved "was unquestionably ordinary maintenance work",
and accordingly the stated claim for compensation should be sustained.
Rule 7(d) provides that ordinary maintenance or construction
work not heretofore required on Sunday will not a required on the sixth
day of the work week. There is no dispute on this issue; the dispute here
relating to what constitutes "ordinary maintenance work."
Petitioner directs our attention to certain new matter not raised
on the property and therefore improperly before the Board as part of the
appellate process. However, we need not concern ourselves with these
matters (which relate to a statement made by Petitioner in a prior dispute),
since they have no relevancy to the basic issues upon which this dispute
must be resolved, particularly in view of the unambiguous language of
Rule 7(d).
On the merits, Petitioner argues that "what is ordinary is dictated by the nature of the work", irre
As a matter of logic, we cannot agree. For, if the attendant conditions
and circumstances governing the performance of the work are unusual and
extraordinary in themselves, the work in issue becomes extraordinary. That
in essence is the crux of this case.
Award Number 20866 Page 2
Docket Number SG-20735
In the latter context, Carrier contends that switch No. 37 here
involved governs all train movements, east and west, from single track to
double track territory, and that this comprises the movements of acme 50
trains on weekdays, including 38 casmutera. Whereas, on Saturday, train
movements at this site are limited to 9 commuter trains. Thus, it is
argued, the performance of the work in question on weekdays would result
in serious disruption of such train service. The latter contention was
raised specifically during the progress of this dispute on the property.
Petitioner cites Award 18357 (Dugan) as precedent on this issue,
but we cannot accept it as controlling here; nor can we follow the rationale of the narrow distincti
"ordinary maintenance work". Accordingly, it has no bearing on the issues
of this case.
On the other hand, Carrier contends that this dispute in essence
is precisely similar to our Award No. 17993 (Quinn), which denied the
claim and in which the same parties, the same Rule and substantially the
same facts were involved. The only basic difference being that there the
disruption of service affected 100 trains, whereas here it affected some
50 trains. Accordingly, Carrier urges that the principle of stare decisis
is applicable to this dispute, citing various precedents on this issue.
See Awards 10911, 10086, 11345 and 20010, among others.
This Hoard has consistently adhered to the principle of stare
decisis, particularly where there is no showing of palpable error in the
prior Award.
"It is the opinion of the Hoard that, in general, a
settled interpretation of rules, relied on by the
parties, should be left undisturbed, subject only
to mutual amendment by the parties through collective
negotiation." See Award 17363 (Yagoda).
We concur, therefore, in the reasoning and conclusions of Award
17993. Specifically, we find that the record supports the contention of
Carrier that the complete disruption of operation of 50 trains, including
38 commuter trains, cannot be classified as ordinary conditions. The
work here involved, therefore, assumed extraordinary character and did not
fall within the strictures of Rule 7(d) governing "ordinary maintenance
work."
Additionally, we quote from Award 2456 (Larkin), 4th Division,
in which the language of the Rule was somewhat different, but which involved the identical principle
I
Award Number 20866 Page 3
Docket Number SG-20735
"No rule has been cited which would require the
Carrier to make additional payment at the punitive
rate for work performed under such circumstances.
While this work did not involve such emergencies
as fires, floods, other "Acts of God," or a train
wreck, we can find nothing in the language of Rule
8
which requires the Carrier to pay punitive rates
for week-end work where this type of extraordinary
situation prevailed."
To the same effect, see Award 17993, supra, in which Rule 7(d)
was specifically involved.
Accordingly, based on the record and controlling authority, we
will deny this 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 within the meaning of the Railway Labor
Act, as approved June 21, 1934;
That thin Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJTISTMENT HOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 14th day of November 1975.