NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21728
George S. Roukis, 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 on the Missouri Pacific Railroad
Company:
On behalf of Signalman T. W. Scarbrough, assigned to signal gang
headquartered in Little Rock, Arkansas, for 8 hours at his time and onehalf rate, and three hours at
account junior signalman from the same gang, G. D. Palmer, called to
perform repairs at the scene of a derailment at North Little Rock,
Arkansas, in violation of Rules 306 and 307 of the Signalmen's Agreement.
LCarrier's file: B 225-674/
OPINION OF BOARD: In essence, this dispute centers around the application
of Rule 307 of the agreement between the parties,
which reads as follows:
"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."
Claimant, a signalman senior to a signalman used on February 5,
1975 to repair signals damaged by a train derailment in North Little Rock,
contends that he should have been called and given preference for this
work under Rule 307.
The real crux of the dispute is whether Claimant had indicated
a desire to perform overtime work. Carrier contends that Claimant had
told his Signal Foreman that he did not want to be called for overtime
service unless no other signalmen could be reached. This appears to have
been a blanket request, made verbally, at some previous time. On the
other hand, Claimant contends that he never made such a request.
We are thus left with conflicting evidence and must apply the
provisions of Rule 307, an uncomplicated rule, reasonably in light of
this evidence. We believe the intent of the rule is obvious - to provide
overtime work for those employes desirous of it. We also believe that
Carrier, to reasonably apply the agreement, should have some simple
Award Number 21775 Page 2
Docket Number SG-21728
method of keeping a written record of who is and who is not desirous of
working overtime calls such as the one here in question. The employes
would simply indicate their interest or lack of interest once, and it
would be recorded and not subject to further alteration until an employe
might subsequently change his mind. We are not writing a new rule for
the parties, we are simply suggesting a procedure they might follow to
avoid future disputes such as the one here in question.
In the instant case, Claimant insistently contends that he
never told his Signal Foreman he did not desire to be called for all
overtime work.
Based on
the foregoing and our previous discussion of
the Rule in question, we believe Rule 307 was violated. However, it is
further uncontroverted that Claimant, for the past year, had not worked
any overtime and that payroll records show junior employes had worked
overtime. Never before the instant dispute did Claimant assert his
rights under the rule, and, for this reason, we will not allow him the
compensation sought in 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 violated.
A W A R D
Claim sustained to the extent indicated
~i:arour.'opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
a
a&
Executive Secretary
Dated at Chicago, Illinois, this 31st day of October 1977.