NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21410
Nicholas H. Zumas, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Houston Belt & Terminal Railway Company
i
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Houston Belt &
Terminal Railway Company:
On behalf of Signal Foreman G. S. Drake for an additional
payment of 17 1/3 hours at time and one-half his straight time hourly
rate ($1214.98 per month), overtime hours worked on November 16 and 17,
1974 -- payment due under Rule 305 of the Signalmen's Agreement of
October 1, 1965.
OPINION OF BOARD: Claim is made for additional compensation for
emergency work under the provisions of Rule 305 that
provides:
"When overtime service is required of a part of a
signal gang, the senior employe of the gang of the class
involved, who are available and desire the work, will be
given preference to it. The foreman assigned to such
gang shall work and be paid overtime rate for the number
of hours his gang works."
Carrier contends that Rule 305 applies to non-emergency work,
and that Rule 602 (b), a specific rule, applies. Rule 602 (b) states
in pertinent part:
"Employes paid on basis of monthly rate will not be
required to perform ordinary maintenance or construction
work on the sixth or seventh day (rest days) or holidays
of their work week, but will perform emergency work as
necessary to restore signal system interruptions."
It is clear that Rule 602 (b) applies in the instant dispute.
Claimant, a monthly rated employe, was performing emergency work. There
is no entitlement to additional compensation under the circumstances.
See Third Division Awards 18962, 19355, and 20324 between the same parties.
Award Number 21884 Page 2
Docket Number SG-21410
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
The Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 31st day of January
1978.