NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21336
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Robert W. Blanchette, Richard C. Bond and John H.
( McArthur, Trustees of the Property of
( Perm Central Transportation Company, Debtor
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad Signalm
System Docket - 1073
Eastern Region - Chesapeake Division Case 9-74
Claim the carrier violated the current agreement Article 2, Section
23 H. On April 20, 1974 it used R. L. Woodie, Signalman in gang, headquarters
Perryville, Md. to open signal cable splices to be meggered for grounds, between Havre De Grace and
Woodie was asked at the end of his tour of duty on April 19, 1974 to work on
Saturday, April 20, 1974; he worked from 7:30 a.m. to 3:30 p.m. for a total
of 8 hours.
Claim that W. T. Bines, Maintainer T6dr who is the regular cable man
and also a senior employee should have been used to perform this work on April
20, 1974. Claim W. T. Bines be paid 8 bra. at the time and.one half rate of pay.
OPINION OF BOARD: The Claim herein involves work on a Saturday of opening
splices on signal cables; there was work performed from
7:30 A.M. to 3:30 P.M. on the date in question. Claimant was a regularly
assigned Maintainer Communications; the work was performed by the regularly
assigned Signalman at Perryville, Mr. Woodie.
Article 2, Section 23 (h) of the Agreement provides:
"(h) (Effective September 1, 1949) Where work is required by
the Carrier to be performed on a day which is not a part of
any assignment, it may be performed by an available unassigned
employe who will otherwise not have forty hours of work that
week; in all other cases by the regular employe."
It is undisputed that there was no " ....available unassigned
employe who will otherwise not have forty hours of work that week". The sole
question, therefore is whether or not the Claimant was the "regular employe"
entitled to perform the disputed work.
Award Number
21546
Page 2
Docket Number SG-21336
Petitioner's position is based on the fact that Claimant was the
senior employe and had the skill to perform the work in question. An
examination of the rule (supra) indicates that neither of these attributes
is a relevant factor in the assignment of the work in dispute. Carrier
argues from the outset of the dispute that Claimant was a Maintainer (T&T)
and was not qualified to work on signal apparatus.
The crux of this dispute is the identification of the employe who
normally performed the work of opening splices on signal cables. From the
record, it is evident that Claimant did not normally perform the work in
question whereas Signalman Woodie did perform the work routinely and regularly. Even though Claimant
not even established, he certainly was not in the craft group which normally
performed the disputed work. Based on the clear language of Section 23 (h)
and the lack of evidentiary support for the Claim, it must be denied.
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 denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
49,11*0
fAazyaoo
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 31st day of May
1977.