NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22016
Robert A. Franden, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( Pacific Lines)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Southern Pacific
Transportation Company:
(a) the Southern Pacific Transportation Company (Pacific Lines)
has violated the agreement between the Company and its Employes in the
Signal Department, represented by the Brotherhood of Railroad Signalmen,
effective October
1, 1973, particularly the Scope rule, when Employes
who are not covered by the agreement were used to perform work defined
by the Scope rule of the current agreement on October 17, 1975.
(b) Mr. J. Hicks, Mr. D. W. Doerksen, Mr. C. A. Harvey and
Mr. G. R. Shappard each be allowed compensation for three (3) hours and
thirty (30) minutes at straight time rate and for three (3) hours at
overtime rate at their respective applicable rates of pay for October 17,
1975.
~`Garrier file: SIG 148-2557
OPINION OF BOARD: Although the two lines have merged there are in
effect on the Southern Pacific agreements between
the Carrier and the former Pacific Electric Railway Signalmen (PE) and
the Southern Pacific Railway Signalman (SP). Separate seniority rosters
are maintained. The dispute herein arose when PE signal employes were
used to perform work contractually reserved to the SP signal employes.
Effective at 7:00 P.M. on October 16, 1975 BRAC commenced a
strike against the Carrier and established picket lines at various
points. A court injunction was obtained by the Carrier and the pickets
were withdrawn by 6:00 P.M. on the 17th of October. While the pickets
were in place the SP signal employes refused to cross the lines to
report for work.
Award Number 22070
Docket Number SG-22016
At 2:00 A.M. on October 17 there was a report that a gate
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had been hit and would be in need of repair. The Carrier decided to
wait until the following morning and effect the repair with the
regularly scheduled signal gang. The next morning the regularly
scheduled signal gang which was entitled to perform the work under
the Agreement refused to work their positions as it would necessitate
crossing the BRAC picket line.
Sometime between 12:00 noon and 2:00 P.M. the Carrier
assigned the repair work to certain PE signal employes. It is the
position of the Carrier that because the Claimants voluntarily refused
to work they were "unavailable" so as to warrant the Carrier's use of
employes other than those contractually entitled to the work.
We find the claim herein to be without merit. The Carrier
is under no obligation to rearrange its work so as to accommodate
employes who are voluntarily absenting themselves from work. Once
the Claimants made themselves unavailable the Carrier exercised its
prerogative in assigning the work to the FE employes.
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 not violated.
A W A R D
Claim denied.
ATTEST:
Executive Secretary
J. PE:vz
NATIONAL RAILROAD AD~ OARD
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of May
1973.