(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



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.