iMIOML RAILRWD ADJUSTMK,1T EGARD

Award Number 21765

THIRD DIVISION Docket Number SG-21869

James F. Scearce, Referee

(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE: (The Baltimore and Ohio Railroad Company

STATEMENT OF CIAE·?: Claim of the General Committee of the Brotherhood of Railroad Signalmen on the Baltimore and Ohio Railroad Company:

The Signalmen's Agreement has been violated particularly Rule 41 (e). Claim (a):

The Carrier violated the Signalmen's Agreement when on June 18, 1975 the Maintenance unit with headquarters at Greene Junction, Pa. were assigned to perform work on job AFE 23731 at Ohiopyle, Pa. road crossing.

(b): William F. Hogan, I. D. No. i414551, Robert L. Walker, I. D. No. 1403988, Donald W. Caldwell, I. D. No. 1414550, Robert L. Daniels, I. D. No. 1500116:, Ronald D. Hall, I. D. No. 1205107 and Thomas P. Murtaugh, I. D. No. 1512555, now be allowed the arbitrary which is clearly stated in Rule 41 (e). (Carrier file: 2-SG-458)

OPINION OF BOARD: Tae claimants in this case Mere hourly rated employes
assigned to the Carrier's Signal Department Mainten
ance Unit with assigned headquarters at Greene Junction, Pennsylvania.
During the period of the claim (June 18 to 30, 1975) claimants were trans
ported on each work day from their headcuarters at Greene Junction to Ohio
pyle, Pennsylvania, where they performed signal department work in con
nection with the relocation and rebuilding of a grade crossing at that
location. The claim as outlined in the subject of this docket ensued.

Rule 41 (e) as referred to in the subject hereof provides as follows:

"(e) When headauarters of hourly rated employees assigned to work, other than work of regular maintenance forces, are established at:

Baltimore on the Baltimore East

Points of Rocks Baltimore West

Cumberland Cumberland

Grafton I·:onongah

Rockwood Pittsburgh East

Pittsburgh Pittsburgh West

Award Number 21765
Docket Number SG-21869

Punzsutawney
Cincinnati
North Vernon
Flora
Dayton
Newark
Newton Falls
Garrett

Buffalo
Ohio
St. Louis East
St. Louis West
Toledo
Newark
Akron
Chicago

Page 2

No arbitraries will be allowed, whether or not camp cars are furnished.

"When headquarters of such employees are established at other points and no camp cars are furnished, an arbitrary of $3.00 will be paid each employee for each calendar day worked or held at such headquarters, except that an employee bidding from the regular assigned maint on a position of the same or lower class will not receive the arbitrary unless the headquarters are 25 rail miles or more from his last headquarters.

"It is within the discretion of the Company whether to furnish camp cars or to pay the arbitrary specified above."

The second paragraph of this section (e) of Rule 41 is the kernel of the instant dispute .

Limiting our findings to the specific circumstances here involved, we can conclude only that the use of the idaintenance Unit forces to perform Signal Department work as was done in this case does not violate or otherwise involve any of the provisions of Rule 41(e). Therefore, the claim as here presented is without merit and is 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 Daployes 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

Award Number 21765 Page 3

Docket Number SG-21869

That the Agreement was not violated.

A W A R D

Claim denied.

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iIATIOIRL P,AIIROAD ADJUSTi:ir uT BOARD

3y Order of Third Division

ATTEST:

~_ ~~./~

acecutive Secretary

Dated at Chicago, Illinois, this 14th day of October 1977.