NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21825
George S. Roukis, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF 'CLAIM: Claims of the General Committee of the Brotherhood
of Railroad Signalmen on the Southern Railway
Company et al.:
Claim No. 1 - Carrier file SG-127
On behalf of D. E. Roquemore, Signal Maintainer, Swing Shift,
Brosnan Yard, for two hours and forty minutes overtime account Carrier
called H. E. Bennett, Signalman headquartered at Brosnan Yard, at 3:15 a.m.
on July 26, 1975, to repair a light detector burned out in the bottom of
group four at Brosnan Retarder Yard.
Claim No. 2 - Carrier file SG-131
On behalf of D. E. Roquemore, Signal Maintainer, Swing Shift,
Brosnan Yard, for eight hours at the time and one-half rate, account
Carrier used Signalman H. E. Bennett, Brosnan Yard, to fill the first
shift at Brosnan Yard on Labor Day, September 1, 1975.
OPINION OF BOARD: Claimant asserts that Carrier violated Rule 37 (b)
by its failure to call him for overtime on Saturday,
July 26, 1975 (claim No. 1) at 3:15 A.M., and by its failure to call him
to work on the September 1, 1975 Labor Day holiday (claim No. 2).
Review of the record indicates that both the claimant D. E.
Roquemore, a signal maintainer on the swing shift, and H. E. Bennett,
signalman, are employed at the Brosnan Yard. Because of the illness of
signal maintainer, J. F. Shankles, from the latter part of 1974 until
around April, 1975, H. E. Bennett was temporarily assigned to fill it.
Subsequently thereafter the position was bulletined again as a permanent
vacancy subject to the return of J. F. Shankles, consistent with the
requirements delineated in Rule 18 (b).
Unable to fill the position with bid applications from employes
in the Lines West Seniority District, the Carrier requested supervisors
to contact signal employes at Brosnan Yard according to seniority status.
By letter of April 17, 1975 (Carrier exhibit B) Carrier apprised the
Brotherhood that H. E. Bennett, as the senior employee, requested that he
remain temporarily in said position until it was permanently occupied.
Award Number 21715 Page 2
Docket Number SG-21825
Standing alone
it is clear that J. F. Shankles as signal
maintainer on
the first shift was senior to D. E. Roque-ore, signal
maintainer on
the swing shift. The former's seniority date is
August 14, 1967 while the latter's seniority date is March 29, 1971.
H. E. Bennett's seniority date is January 1, 1971.
Careful examination of the record, particularly respecting
Rule II, Section (d) set forth hereinafter, doesn't distinguish between
signalman and signal
maintainer:
"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."
Neither does the Agreement provide separate seniority lines
for the aforesaid positions. Signal employes are in the Lines West
Seniority District.
While admittedly Rule 37 (b) - SUBJECT TO CALL addresses
Signal Maintainers, H. E. Bennett's greater seniority, albeit only two
months, carries with it the senior status when he temporarily filled
Shankles' position.
Concluding otherwise
would be to vitiate the
seniority concept.
The claim is denied.
FILINGS: 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
The Agreement was not violated.
Award Number 21715 Page 3
Docket Number SG-21825
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
494/1
Dated at Chicago, Illinois, this 29th day of September 1977.