NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21676
Robert M. O'Brien, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Long Island Rail Road
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Long Island Rail
Road:
Case SG-08-75
On behalf of Maintainer/Technician Sub. Div #2 (Vac. Rel.)
R. Umstady for two hours pro rata pay ($7.3927 per hour), pursuant to
Rule 16 of the amended May 1, 1954 agreement, account on February 10
and 11, 1975, he was assigned to cover the position of Signal
Maintainer, Jay Tower, 3 pm - 11 pm, then was sent to Dunton Interlocking
to perform work.
OPINION OF BOARD: Claimant was the assigned vacation relief Signal
Maintainer on Subdivision #2. On February 10 and 1t,
1975, he was relieving the second trick Signal Maintainer at Jay Tower.
According to the Brotherhood, Subdivision #2 is divided into several
sections, and on February 10 and 11, 1975, Claimant was relieving the
Signal Maintainer assigned to Jay Tower which is on section C. However,
during his tour of duty on these days, he was required to perform work
on section B. Account required to perform work on two sections during
his regular hours, Claimant submitted a claim for two additional hours'
pay citing Rule 16 in support of his claim.
Carrier denied the claim asserting that on the claim dates,
Claimant was assigned to cover Position No. 5622, which, pursuant to the
bulletin, had an assigned territory consisting of the entire Subdivision
#2. And Dunton Tower, where the disputed work was performed, was located
within the confines of Subdivision #2. Thus, it is Carrier's contention
that Claimant performed service on his assigned territory, and that no
additional compensation was due as a result. Carrier further maintains
that historically on this property sections existed on the first trick
only, whereas Claimant was filling a second trick assignment on the claim
dates. Accordingly, the entire Subdivision was his assigned territory.
It is manifestly clear that by virtue of Bulletin No.
1036
dated February 7, 1974, the Carrier established sections within Subdivision
#2. Jay Tower was designated as section C and Dunton Tower was designated
Award Number 21952 Page
2
Docket Number
SG-21676
as section B. It is significant that nowhere in Bulletin No.
1036
is it
stated that the established sections are limited solely to the first
trick as asserted by the Carrier. Thus, on the claim dates, Claimant was
working a second trick position assigned to Jay Tower (section C). Yet,
during his regular work hours on these days he performed work at Dunton
Tower (section B). Accordingly,, pursuant to the clear and unambiguous
provisions of Rule
16,
Claimant was entitled to an additional one hour's
pay at his regular rate for each day that he performed work on two or
more sections.
It is the opinion of this Board that Rule
16
is clear and unambiguous. It provides for an additional allowance of one hour's pay when
a Maintainer works on two or more sections during his regular hours. And
since Rule
16
is clear and unambiguous any past practice in conflict
therewith cannot alter its application to the claim before us. The Rule
must be applied as drafted notwithstanding any practice to the contrary.
The instant claim is supported by the language of Rule
16,
and must be
sustained as a result.
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
--err,.:
That the Agreement was violated.
A W A R D
jiia,R 2 7 1°13
Claim sustained.
EBE
NATIONAL PAILROAD BOARD
By Order of Third Division
ATTEST:
4C
4@.r
Executive Secretary
Dated at Chicago, Illinois, this 15th day of March
1978.