NATIONAL RALROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-20829
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signnl.m~n
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF
CLAIM: Claims
of the System Committee of the Brotherhood
Western Transportation Company:
Railroad Signalmen on the Chicago and North
Claim No. 1
(a) on or about November 20, 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
L.
E. Koppenhaver,
repairing the auto flags at Des Moines Street, Webster City, Iowa instead
of using the leader signal maintainer, J. W. Braden, whom directs the
work of the above named maintainer.
(b) Carrier now be required to compensate J. 'v7. Braden for 2
hours and 40.minutes at his overtime rate, which is the amount of time
consumed
by L.
E...Koppenhaver performing the above work.
Claim No. 2
(a) On December 6, 1972 the Carrier violated the current Signalmen's Agreement, particularly rul
Understanding on the Mason City territory, when the Carrier assigned
supplemental overtime repairing the Main Street crossing signals at Rockwell, Iowa to signal maintai
signal maintainer, J. W. Braden, whom under rule 2(d) directs the work
of the above named maintainer.
(b)
Carrier now be required to compensate J. l7. Braden for 2
hours and
45
minutes, the amount of time consurned by P. J. Penner, performing the above work.
Claim No.
3
(a) On Decelaber
6,
1972 the Carrier violated the current Signalmen's Agreement, particularly rules 2(d) and 16(a),
Understanding on the Mason City territory, when the Carrier assigned
supplemental overttae repairing signal 7#2 on the West Plant at Mason City
to signal maintainer P. J. Penner, whom under rule 2(d) should have been
directed to do so by the leader signal maintainer assigned to the territory.
Award Number 20894 Page 2
Docket Number SG-20829
(b) Carrier now be required to compensate J. W. Braden, leader
signal maintainer, assigned to the territory, for 3 hours and 45 minutes,
the amount of time consumed by P. J. Penner, performing the above work.
ZC-arrier's File: 79-24-2)
OPINION OF BOARD: The dispute herein is one of a series of related
cases all involving the assignment of overtime
after the consolidation of certain Signal Maintenance territories.
Carrier, in its submission and rebuttal before this Board stated that
the circumstances and issues herein were similar to those considered by
this Board in Awards 20°01, 20803 and 20804, particularly in Award 20804.
The Organization concurs. In all of those disputes we found that the
Leader Signal Maintainer should have been accorded the overtime calls
based on the language of the January
16, 1941
Agreement. The doctrine
of res judicata is applicable herein and the claims must be sustained
for the reasons developed in detail in Award 20801.
FINDIT1GS: 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.
e
A W A R D
Claims sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:_
A/
Executive Secretary
Dated at Chicago, Illinois, this 12th day of December 1975.