NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-21965
George S. Roukis, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Missouri Pacific
Railroad Company:
On behalf of Signal Maintainer G. B. Sheldon, Jr.,
,LSic7
Hearne, Texas, for an additional twenty-two hours at time and one-half
his straight time hourly rate of $6.31 per hour (7 hours on May 1,
8 hours on May 7, and 7 hours on May 8, 1975), for performing communications pole line work outside
account performing communications pole line work during working hours on
May 8, 1975. farrier file: K 225-6907
OPINION OF BOARD: This Board has carefully reviewed the record,
particularly the pertinent paragraphs of the
January 5, 1972, Memorandum of Agreement and the circumstances within
which Claimant performed the disputed duties.
While we commend Claimant for his motivation in this instance,
we are constrained in our determination by the language of applicable
agreements and persuasively accepted work practices.
The aforesaid Agreement explicitly spells out the conditions
under which a signalman would be compensated if he is required to clear
or assist in the clearing of line trouble. It also sets forth that it
would apply only at locations on the Gulf District where the signal
system was superimposed on communication lines.
Since the Claimant was employed at Bryan, Texas, where there
are no signals governing the movement of trains, it would certainly
appear that he would not be assigned this work. His specific duties,
which were uncontroverted, were limited to maintenance of crossing
protection, one hot box detector and a dragging equipment detector.
Moreover, we find nothing in the record that showed Claimant
received permission to perform the claimed overtime work on May 1, 7
and 8, 1975 or that he was permitted to decide for himself when he would
Award Number 22109 Page 2
Docket Number SG-21965
work overtime. Accordingly, we must conclude that there is no basis
for a sustaining award. The claim will be denied.
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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 16th day of June
1978.