James C. McBrearty, Referee


(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:
                (Southern Railway Company


STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Southern Railway Company et al."

 On behalf of Signal Maintainer F. Watts, headquarters Decatur, Alas, for 11 hours 40 minutes overtime account Signal Maintainer Whitten, Sheffield, Ala., working on claimant's territory on April 7, 1974. (Carrier's file: SG-457

 OPINION OF BOARD: As of April 1, 1974, the home stations and assigned
 territories of Signal Maintainers in the northern
 Alabama area of Carrier's Memphis District (Lines East), with work
 weeks 7:00 AM - 4:00 PM Monday through Friday, rest days Satprday
 Sunday, were as follows:

        Home Station Maintainer Territory


      Huntsville, Ala. (33$.9) J. F. McClintock MP 311.9-343.0

    *Decatur, Ala. (363.3) F. Watts (claimant) MP 343.1-366.0

    **Town Creek, Ala. (389.0) T. A. Clark MP 366.1-399.0

    *Sheffield, Ala. ( .4MF) D. A. Whitten MP 399.1-4MF

    407


    * (Subject to call under Rule 37 - Sunday April 7, 1974)

    ** (Marked off-call and not available - Sunday April 7, 1974)


During the first week of April 1974, signal Gang No. 4 (Lines East) and the IBEW Line Gang were engaged in repairing and restoring to service communications and signal transmission lines on Memphis District which were damaged by heavy storms in the northern Alabama area.

 Maintainer D. A. Whitten (Sheffield), during the first work week in April, 1974, worked with and assisted Signal Gang No. 4 employes who were headquartered at Sheffield and worked out of that point in repairing the damaged pole line and signal installations in that area.
                      Award Number 21386 Page 2

                      Docket Number SG-21242


Signal Gang No. 4 worked twelve hours on Saturday, April 6, and twelve hours on Sunday, April 7, 1974, all on the Sheffield and Town Creek territories of Maintainers D. A. Whitten and T. A. Clark. Maintainer Whitten was used to work with and assist the signal gang on his Saturday-Sunday rest days, working 11 hours and 40 minutes overtime on April 6, and 11 hours and 40 minutes overtime on April 7, 1974.

 Under date of June 2, 1974, Petitioner initiated a claim on behalf of Signal Maintainer F. Watts, for 11 hours and 40 minutes overtime, alleging that Carrier violated the Agreement in using Maintainer Whitten (Sheffield territory) instead of Claimant (Decatur territory) to assist Signal Gang No. 4 working near MP-372 (on the Town Creek territory of Maintainer T. A. Clark) on Sunday, April 7, 1914.

 Applicable roles of the Agreement alleged by the parties to have a direct bearing on this case are as follows:

                      "Article II


                  CLASSIFICATIM - RULE 2:


                              * ~r t


            (d) Signalman, Signal Maintainer: (Effective June 19, 1921) A man qualified and assigned to perform work generally recognized as signal work, together with all mechanics' work connected therewith, shall be classified as a signalman or signal maintainer.


            Seniority -- Rule 4: (Revised - effective April 1, 1942)


            (a) Seniority shall be established and held as hereinafter provided. Seniority. consists of rights in the several classes based on respective length of service as shown on respective lists of employes covered herein, in each such class.


                      ar ~r .~ t * x.

            Award Number 21386 Page 3

            Docket Number SG-21242


if Calls- - Rule 36: (Revised--effective September 1, 1949)

    Employes released from duty and notified or called to perform service outside of and not continuous with regular working hours will be paid a minimum allowance of two (2) hours and forty (40) minutes at the rate of time and onehalf for two (2) hours forty (40) minutes work or less. If held on duty more than two (2) hours forty (40) minutes they will be paid at the rate of time and one-half computed on actual minute basis. The time of employes, when notified in advance, will begin at the time required to report and end when released at designated point at hone station. The time of employes called to report at once will begin at the time called and end at the time they return to designated point at home station.


    Time worked in advance of and continuous with regularly assigned hours shall be computed on actual minute basis and paid for at the rate of time and one-half with a minim,m of one (1) hour.


Subject to Call- - Rule 37: (Revised--effective January
      16, 1948)


    (a) Signal maintainers assigned to regular maintenance duties, recognizing the possibility of emergencies in railway operation, shall notify the train dispatcher on their division where they may be called and will respond promptly when called.


    (b) For the purpose of relieving such employes from being subject to call every Sunday and holiday, each Signal Supervisor will prepare a schedule, on an annual. basis (subject to change from time to tine as positions are established or abolished) for the territory over which he has supervision, designating the Sundays and the seven holidays named in Rule 31 on which signal maintainers filling the positions so designated shall be held subject to call. under this rule.

                      Award Number 21386 Page 4

                      Docket Number SG-PIP42


                "When one of the seven designated holidays falls on Saturday or Monday, the schedule will be arranged, so far as practicable, for the same employe.to be held subject to call on such Sunday and holiday.


                          t * a- ~t


                (d) Employes held subject to call under this Rule 37 and called for service will not be confined to work on any particular section or territory, except they will be confined to their own seniority district but this shall not prevent their being used on another seniority district in an emergency. The scheduling of employes to be held subject to call will not prohibit the use of other signal employes on Sundays and holidays when employes held subject to call need assistance or because of circumstances beyond their control cannot respond promptly when called. Other employes so used will be paid as provided in this agreement, but the utilization of employes not scheduled to be held subject to call under this rule, will not disturb the schedule set up for employes held subject to call on Sundays and holidays.


                (e) Employes held subject to call on Sundays and holidays under this rule shall be paid for a minimum of four (4.) hours at pro rata rate for the Sunday or holiday on which held subject

      _ to call, and, in addition, if called for service

                during the hours held subject to call, will be

                paid for such service so performed as provided

                in Rule 36."


                                    ~r


After a thorough review of the record, the Board finds that the rules cited simply do not support Petitioner's claim, and, therefore, the claim must be denied.
                    Award Number 21386 Page 5

                    Docket Number SG-21242


        FIIMINGS: 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 Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            Br Order of Third Division


ATTEST:
          Executive Secretary


Dated at Chicago, Illinois, this 28th day of January 1977.