NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21800
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Burlington Northern:
On behalf of Assistant Signal Maintainer D. A. Sands, Duluth,
Minnesota, for a minimum call of two hours and forty minutes at one and
one-half times his regular rate of pay, for each day, June 1 and
3, 1975,
account not called on those dates to assist Mr. W. L. Huff, the Duluth
Interlocking Maintainer, on trouble calls on their assigned territory.
(General Chairman file:
TC-75-14.
Carrier file:
SI-60 7/17/75
A)
OPINION OF BOARD: Claimant was the incumbent of a position of Assistant
Signal Maintainer at Duluth, Minnesota; he was assigned
to work with Interlocking Maintainer W. L. Huff, Claimant's assigned hours
were Monday through Friday, 8:00 A.M. to
5:00
P.M., with Saturday and Sunday
as rest days. Paragraph P. of Rule 2 describes his position as follows:
"P. ASSISTANT SIGNALMAN-ASSISTANT SIGNAL MAINTAINER: An employee in training for the
position of relay repairman, signalman or
signal maintainer working with and under
the direction of a relay repairman, signalman or signal maintainer."
On Sunday June 1,
1975
Maintainer Huff was called at
4:30
P.M. to remedy a
malfunction in a switch at the Duluth Drawbridge. He completed the necessary
repairs by
6:30
P.M. On Tuesday, June
3, 1975
Maintainer Huff was called at
9:00
PM, when a signal at Grassy Point did not clear properly; he responded
to the call and restored the signal to proper working order by
10:30
P.M.
On neither occasion did Huff need assistance to perform the necessary work;
Claimant was not called out on either occasion, thus triggering this dispute.
Petitioner asserts that any employe assigned to regular maintenance
duties is entitled to be called for work on his assigned territory. A large
number of prior instances extending over a period of five years were cited by
Petitioner to indicate a long standing practice of calling out Claimant to
assist the Maintainer on trouble calls outside of regular hours. In addition,
Petitioner relies, in part, on Rule 12, which provides in pertinent part:
Award Number 21617 Page 2
Docket Number SG-21800
"RULE 12. SUBJECT TO CALL.
"A. An employee assigned to regular main
tenance duties will notify the person
designated by the Carrier where he may
be called by filing his home address
and telephone number, if he has a tele
phone, with such person. An employee
called to perform work outside of assigned
working hours will respond promptly
when called. The regular assigned employee,
if available, will be called for such
work on his assigned territory."
Petitioner also cites some prior awards (Awards 6218 and 1125) which held
that rules, such as Rule 12 herein, contain a mandatory provision that the
Carrier will call regular incumbents unless they are registered absent, when
there is overtime work to be performed.
Carrier argues that it is not required to send two employes to do
one man's work. In support, Rule 12 is cited which states that the regularly
assigned employe (in the singular) will be called for such work on his assigned
territory. Carrier points out that the regularly assigned Maintainer performed
the necessary work without help. Carrier argues that in the absence of a
restrictive rule, it is entitled to assign its employes as it sees fit and it
saw no need for two employes in the two instances in dispute. Carrier argues
that there is no rule which requires calling two men for one man's work. It
is contended that Petitioner has failed to indicate any rule in support of its
position. While admitting that Claimant and others may have previously been
called to assist the maintainers, Carrier asserts that this does not establish
a past practice. Carrier argues that past practice may only be considered
when the contract language is ambiguous and it is necessary to ascertain the
intent of the parties; Rule 12 is held not to be ambiguous.
It is noted that the two prior Awards cited by the organization
are not controlling since they both deal with fact circumstances in which
employes other than those regularly assigned were called out to do work on
overtime (or on call). We find no rule support for Petitioner's position in
this dispute; there is no basis for restricting Carrier's normally exercised
managerial prerogative of determining how many employes are required for the
work in question. In Award 16216 (and in a host of other awards holding
similarly) we said:
Award Number 21617 Page
3
Docket Number SG-21800
"It is well established that Carriers may
determine the manner in which work and
operations are to be performed in the best
interest of efficiency and economy unless
such rights are restricted by Agreements..."
In the instances involved in this matter Maintainer Huff was
called in a proper manner to perform the type of signal work he performed during
his regularly scheduled work week. There was no contractual basis to force
Carrier to call one or more additional employes, who were not needed, regardless
of their regular weekly assignments.
For the reasons indicated, the Claim 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 the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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aeu/4~
Executive Secretary
Dated at Chicago, Illinois, this 29th day of July 1977.