NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21904
(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 (Pacific Lines):
(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 and particularly Rule 68(b).
(b) Mr. E. 0. Rosebure be reimbursed the amount of Nine
Dollars and Fifty Cents ($9.50), the amount paid by him to have his
standard railroad grade watch and card (Company form 2821) brought up
to date in accordance with instructions from his Supervisors.
(Carrier File: SIG 46-987
OPINION OF BOARD: Carrier supervisors instructed Signal Department
employes to have their watch cards brought up to
date.
To comply with such instructions, employes must present
their watches and watch cards to a watch inspector authorized by
Carrier and the watch inspector must then note that the watch is in
reliable condition. In this case, the watch inspector authorized by
Carrier would not approve the watch of the Claimant unless it was first
cleaned. The Local Time Inspector, by letter dated September 25, 1975,
advised:
"Watch of Edwin D. Rosebure, Signalmgn, was
cleaned previous in 1959, due to time and
condition of watch it was due for cleaning
and oiling, to put in condition to comply with
Southern Pacific Time Service Manual dated
December 1, 1964, page
3,
para.
3."
Award Number 22078 Page 2
Docket Number SG-21904
Claimant permitted the Local Time Inspector to clean the
watch, and has submitted a bill for $9.50 for watch cleaning under the
provisions of Rule 68(b) of the Agreement, which provides:
"(b) STANDARD WATCIMS. When employes are
required by the Company to have their standard
railroad grade watches cleaned, the cost of such
cleaning, when performed by authorized watch
inspector, shall be assumed by the Company."
Carrier denied the claim on the basis that Carrier did not
require the employe to have his watch cleaned. the Union contends that
the Local Time Inspector, as an agent for the Company, acted for the
Company and thus Claimant was clearly required to have the watch
cleaned.
Carrier cites Decision No. 3479 of Special Adjustment Hoard
No. 18 as controlling. That case denied a claim under a substantially
similar rule and situation.
We find no fault with that decision and, except for
circumstances present only in this case, it would be controlling.
In this case, Claimant was told by his supervisors to have
his watch card updated. Claimant presented it to the local time keeper,
who advised him that he would be required to have his watch cleaned
before it could be approved. We find that Claimant, under these
circumstances, could validly assume that Carrier required him to have
his watch cleaned. We have given considerable weight to the fact that
the record is devoid of any evidence that supervision gave Claimant
any specific direction regarding such a, matter. There is no question
that under the rule, Carrier is only responsible for watch cleaning
when they require it to be done. We believe that it would be easy to
avoid future misunderstandings such as this by Carrier advising its
employes, and its Time Inspectors, accordingly. Then, any questionable
expenses for watch cleaning under Rule 68(b) could be referred to
Carrier for approval or disapproval before an employe makes a personal
expenditure.
FINGINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
Award Number 22078 page
3
Docket Number SG-21904
That tile 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 in accordance :pith Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
49
Jq/
PA444...,
Executive Secretary
Dated at Chicago, Illinois, this 31st day of May 1978.