NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21307
Walter C. Wallace, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalmen o
On behalf of Signal Maintainer B. S. Howard for 2.7 hours overtime
at the punitive rate of pay account Signal Foreman P. G. McMahan assisting
Signalman P. Atwood and J. Snowden in determining and correcting a failure
at the hump yard at Kansas City on Saturday, April 20, 1974. /Carrier file:
G 225-663/
OPINION OF BOARD: This claim arises out of a failure of retarders in the
hump yard at Kansas City during the early hours of Satur
day, April 20, 1974. Signalman Snowden was on shift and when he could not
determine the cause of the problem carrier called on Signal Foreman P. G.
McMahan who had technical knowledge and special testing equipment to determine
the cause. Foreman McMahan is normally in charge of Construction Gang 1001
headquartered at Independence and was familiar with the equipment at the hump
yard. He reported and located the cause of the problem by using the special
ized testing equipment. Thereafter Signalman Snowden was instructed to make
the repairs. Meanwhile the first shift Signalman Atwood reported for duty.
Snowden was held over to work with Atwood and the repair was carried out.
The claimant is the second shift signalman and he was not called for the
overtime.
The claim is premised upon violations of Rules 101, 307 and 309 of
the agreement. Carrier denies these violations. The matter was progressed
on the property in the usual way except that the Organization alleged that
Carrier's answer to its appeal had not been received within the 60 day time
limit rule and therefore
payment of
the claim should be made under the contract. No other evidence or comment was made concerning the ti
on the property.
The Organization cites a number of awards sustaining claims under
the time limit rules such as Rule 701. The Carrier, in turn, answers this
procedural claim on various grounds. We need consider only that the claimant
failed to make this a part of his formal statement of claim. We have reviewed
all the awards cited by the Carrier and the Organization and each included the
issue of time limits in its formal statement of claim with one exception,
Award 20763 (Lieberman). In that case the time limit question was raised on
the property and was fully discussed in the opinion, but no mention was made
that the issue was not raised in the formal
statement of
claim. Accordingly,
Award Number
21543
Page 2
Docket Number SG-21307
we do not consider that this award represents authority contrary to the
general view reflected in the awards, that the time limits issue must be
included in the formal claim. That was not done here and we find it is
decisive on this issue. See Awards 17512 (Dugan) and 11006 (Boyd).
On the merits of this dispute, we are directed to Rules 101, 307
and 309 of the agreement which provide:
RULE 101
Signal Gang or Signal Shop Foreman:
"An employe who is assigned to a signal gang
or signal shop and whose principal duties
are to supervise and direct the work of other
employes assigned under his supervision and
who is not required to regularly perform any
of the work over which he has supervision."
RULE 307
Preference to Overtime:
"When overtime service is required of a
part of a gang or group of employes, the
senior employes of the gang or group of
the class involved who are available and
desire the work will be given preference
to it, when practicable to do so."
RULE 309
Subject to Call:
"Employes assigned to regular maintenance
duties recognize the possibility of ewergencies in the operation of the railroad
and will notify the person designated by
the Management where they may be called.
When such employes desire to leave their
home station or territory, they will notify
the person designated by the Management
that they will be absent, about when they
will return, and when possible, where they
may be found. Unless registered absent,
regular assignee will be called."
Award Number
21543
Page 3
Docket Number SG-21307
Considering these rules in order, we have a problem at the outset
with Rule 101. The plain wording of that rule describes the work of signal
gang foreman and it does not prohibit other work. The Organization contends
that Rule 101 read with Rule 106 makes it clear this work of testing belonged
to the Signal Maintainer. The difficulty here is that we are precluded from
considering issues relating to rules other than those cited on the property.
The Organization's submission violates this insofar as it relies upon Rule
106. Moreover, even if this rule was to be considered the plain wording of
it does not provide the support the Organization contends. We are not persuaded, therefore, that the
work performed by the signal gang foreman here. In Award 12668 (Dorsey) the
Board made reference to classification rules and stated: "They are not exclusive grants of work to e
evidence in this record to persuade us to adopt a contrary view. We do not
find it and the contention that Rule 101 is violated must be rejected.
When we consider the other alleged rule violations, we have different
considerations. Rule 307 prescribes the rule for overtime preference within
the "gang or group of the class involved" in that seniority will prevail. With
respect to the class that includes Claimant, Snowden was the senior man and he
was the only one who received overtime pay. It does not follow that this argument could be extended
The awards of this Division have had no difficulty pointing out that rules requiring the call of a s
claimant and the employe called are not in the same class. The issue most
frequently arises with respect to signalmen and leading signalmen. See Awards
13262 (Moore); 18866 (Dugan); 18296 (Dolnick); 15151 (Hall); 12936 (Yagoda);
12134 (Sempliner). We believe the rule gains added force when applied to a
signal gang foreman and a signal maintainer. For these reasons we find no
violation of Rule 307 here.
The Organization's argument under Rule 309 makes reference to Rule
106 and, as indicated above, this rule is outside the ambit of our consideration. Rule 309 itself is
employe regularly assigned maintenance duties may be called and provides for
procedures when the employe desires to leave his home station or territory.
We cannot see that this rule places an obligation on the Carrier to call
signal maintainers under the circumstances here. This work was being carried
out by two signal maintainers (including one on overtime). We do not believe
the Carrier can be obligated to call out another maintainer based on this rule.
We conclude that none of the cited rules were violated here based
upon the facts developed on the property. The retarder failure that occurred
was critical to the operation of the Kansas City hump yard. Only after the
signal maintainer on duty could not determine the cause, did Carrier call in
the signal gang foreman who had special knowledge of the equipment and specialized testing equipment
Award Number
21543
Page 4
Docket Number SG-21307
maintainer on duty was held over on overtime to do the repair work and he
was joined by the first shift maintainer when he came on duty. Absent
proof that the Claimant had specialized skill in this area and he is protected
by specific rules of this agreement for an overtime call out such as this,
we must deny the 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 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 is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: /~
Executive Secretary
Dated at Chicago, Illinois, this 19th day of May 1977.
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