NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SC-20828
Irwin M. Lieberman, Referee
PARTIES TO DISPUTE: (Brotherhood of Railroad signalmen
Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claims of the System Committee of the Brotherhood of
Railroad Signalmen on the Chicago and North Western
Transportation Company:
Claim No. 1
(a) On or about November 15, 1972 the Carrier violated the current
Signalmen's Agreement, Particularly Rule 24 thereof as pertains to the Mmorandnm of Understanding on
Loft', denied leaders rate of pay to Signal Mtnr. L. E. Koppeahaver, as
specifically provided in the Memorandum.
(b) Carrier now be required to compensate L. E, Koppenhaver the
difference in the rate of pay between the leaders rate and maintainers rate
for
6
hours and 15 minutes, the amount of time shown on payroll form 1171
on November 8, 1972, which was denied on November 15, 1972.
Claim No. 2
(a) On November 24, 1972 the Carrier violated the current Signalmen's Agreement, particularly rule 2
fUnd compensation on the Mason City territory, when Sig. Supr., R. C. Loft',fmpensation of leaders r
haver on the auto flags at Des Moines Street, Webster City, Iowa on Novem
ber 20, 1972.
(b) Carrier now be required to compensate him the difference
between the rate allowed and leaders rate for 2 hours and 40 minutes, the
amount of time claimed on Form 1171. ZC-arrier's File: 79-24-2)
OPINION OF
HOARD: The claims herein are all related to the overtime prob
lems triggered by the consolidation of certain Signal
Maintenance territories by Carrier in January 1972. Parallel issues have
been considered by this Board in a series of cases, the leading case being
Award 20801.
Petitioner first raises, in this dispute, the adequacy of Carrier's
denial of the initial Claim on the property. It is urged that Carrier's
response that: "There is no basis for claim as I can find no rule to support
it
...." is
insufficient under the Time Limit on Claims Rule of the 1954
National Agreement. We have dealt with this issue in numerous prior disputes.
Award Number 20969 page 2
Docket Number SG-20828
Under very similar circumstances (Award 11208) we held that a valid reason
for denying any claim is that the agreement was not violated because
tm
plicit in the statement is the opinion that the claim lacks support under
the rules of the agreement. Among the many other awards dealing with this
problem we have recently, in Awards 20801 and 20802 involving the same
parties and the identical allegation, denied Petitioners' contention.
Although more detailed reasons might be desirable, the language used by
Carrier's officer must be deemed acceptable under the
1954
National Agreement.
With respect to the merits, Carrier has agreed that this dispute,
though slightly different, deals with the same problem which the Hoard has
considered as indicated above: namely, whether or not the Carrier is required to use the leading sig
perform all overtime work on the entire Central Division. The only dffference is that the instant Cl
in the earlier cases.
The crux of this dispute is the applicability of the Mason City
Memorandum of Understanding dated January
16, 1941,
in view of the consolidation and enlarging of the Mason City combined territory, We have
affirmed the validity and continuing applicability of that Understanding
in Award 20801 and following Awards, and must do so for the reasons stated
in Award 20801 in the instant dispute. For that reason, these Claims must
be sustained,
F=n= : The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction over
the dispute involved herein; and
That the Agreement was violated.
Award Number 20969 page
3
Docket Number SG-20828
A W A R D
Claims sustained.
NATIONAL RAILROAD ADJ93TmLBT HOARD
BY Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 27th day of February 1976.