NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20696
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the St. Louis-San Francisco
Railway Company:
On behalf of C. D. Bradshaw, Signal Maintainer, Tulsa, Oklahoma,
for 13.4 hours' overtime pay, and G. W. Lewis, Signal Maintainer, Tulsa,
Oklahoma, for 9.4 hours' overtime pay, and 4 hours straight-time pay,
account work performed on August 19, 1972, by an official not covered by
the Signalmen's Agreement, in violation of the Scope, Classification, and
other provisions of that Agreement.
OPINION OF BOARD: Claimants each are Signal Maintainers with assigned
territories in the vicinity of Tulsa, Oklahoma.
On Saturday, August 19, 1972 Carrier was notified of trouble and malfunctioning of the lift span
Arkansas, a point some 120 miles southeast of Tulsa, Oklahoma. The
Signal Maintainer whose territory encompasses the bridge had been called
out on a distant repair job and accordingly was not available to respond
to the problem on the Arkansas River Bridge. At 2:00 a.m. on August 19,
Communication & Signals Supervisor J. R. Lee called Claimant C. D. Bradshaw to cover the trouble
Lee picked up Bradshaw in a company automobile, they loaded the
car with tools and materials, and Lee drove to the bridge at Van Buren,
Arkansas. Upon arrival, they determined that the trouble was caused by
damage to conduit and track wires from dragging equipment. After obtaining necessary materials they
Lee assisted Signal Maintainer Bradshaw in repairs to the damaged conduit
and track wires. Lee worked with Bradshaw from approximately 9:00 a.m. to
11:00 a.m. when the Signal Maintainer regularly assigned to the Arkansas
River Bridge arrived on the scene. Bradshaw and the other Signal Maintainer completed the necessary
transported Bradshaw in the company vehicle back to Tulsa where they
arrived at approximately 3:30 P.m.
In this case Claimant Bradshaw argues that he should have received 13.4 hours pay at the overtim
1972. The record indicates that he was paid 9.4 hours at the overtime
rate for work performed and 4 hours at straight time rate for "riding"
time. Our review of the record indicates that Bradshaw was entitled as
the Signal Maintainer to transport the materials. To the extent that
Award Number 20873 Page 2
Docket Number SG-20696
Supervisor Lee drove the company vehicle which transported the materials
to the job site, he was performing the work of the Claimant under the
controlling Agreement. Accordingly, we shall sustain the Bradshaw claim
to the extent of four hours at the difference between the straight time
rate he received and the overtime rate to which he was entitled.
As for the claim of G. W. Lewis, Claimant avers that he
was the next eligible Signal Maintainer at Tulsa and should have performed
the signal work done by Supervisor Lee in the repair of the bridge. There
is no doubt that Lee performed some signal work reserved to employes
covered by the Agreement. The record does not indicate for how long Lee
performed signal work, although it occurred apparently between 9:00 and
11:00 a.m. In these circumstances there was a violation of the Agreement
but the damages sought are not warranted by the facts. We shall sustain
the Lewis claim therefore, but only to the extent of a call under Rule 17
(b), i.e. the minimum allowance of two hours and forty minutes at the
time and one-half rate.
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 this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was violated.
A W A R D
Claim sustained to the extent indicated in the Opinion.
NATIONAL RAILROAD AIJUSTMEM BOARD
By Order of Third Division
ATTEST:-- &d
Executive Secretary
Dated at Chicago, Illinois, this 26th day of November 1975.