(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:


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

                  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.