NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22109
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Louisville and Nashville
Railroad Company:
On behalf of Signal Maintainers J. F. Damron, R. N. Freeman,
J. C. Anderson, L. M. Callis, and F. E. Williams, for 4 hours each at
their respective time and one-half rates, account being assigned to
assist Signal Maintainers at Radnor Yard in re-shoeing the group retarder
9-16 on September 9, 1975."
1Carrier file: G-265-11, G-265/
OPINION OF BOARD: Each Signal Maintainer Claimant is assigned to a
specific signal maintenance territory with
designated headquarters. On the claim date, Claimants suspended
regular work and reported to Radnor retarder yards to assist for four
(4) hours. As a result, a claim was filed for four (4) hours' overtime
pay, asserting a violation of Rule 27(a) and Rule 14:
"(a) Except in emergency, an employe will not be
changed from his assigned position or from one shift
to another. If changed from one position to another
within the hours of his regular assignment, he shall
be paid at the straight time rate and in accordance
with the provisions of this agreement for such hours
but shall not be paid for time not worked on his
regular bulletined assignment. If changed from one
shift to another he shall be paid overtime rate and
in accordance with provisions of this agreement until
returned to his regular shift but shall not be paid
for time not worked on his regular bulletined assignment. This rule shall not apply to employees exc
positions or shifts for their own convenience nor when
exercising seniority."
Award Number 22153 Page 2
Docket Number SG-22109
"RULE 14. ABSORBING OVERTIME
Employes will not be required to suspend work during
regular working hours to absorb overtime."
As we read the record, we do not find evidence which suggests
that an emergency situation dictated Carrier's action. Thus, argues
Claimants, the first sentence of Rule 27(a) precludes Carrier from
requiring an employe to change from his assigned position.
Carrier notes that the Claimants were assisting other Signal
Maintainers on another territory and all Claimants received pay for a
full eight (8) hours at the straight time rate on the claim date.
We find nothing of record which indicates that any of the
employes were changed from one shift to another.
It becomes apparent, from a review of the documents, that
Claimants equate a direction to perform work in another territory as
a change from "his assigned position." Thus, the claim for time and
one-half does not generate from Rule 27, as such, but is, in actuality,
a "penalty payment." (See Page 1 of Brotherhood Exhibit 5).
In support of its position, Carrier relies upon various
documents which, it urges, shows a consistent past practice. Claimants
seek to distinguish, and thus minimize, the documents.
While we will concede that Rule 27(a) may be susceptible to
conflicting interpretations, in order to accept the meaning placed
upon the Rule by the Claimants, we would require a stronger showing
than is evident here that the parties intended that the use of a
Signal Maintainer, on his. normal shift, to assist.another employe in
a different territory is a change from assigned position. Of course,
our Award is limited solely to the factual circumstances before us and
does not profess to dispose of future disputes with disparate factual
circumstances.
We find no merit in the assertion that Rule 14 was violated.
See Award 18455, citing Award 16611.
Award Number 22153 Page 3
Docket Number SG-22109
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds sad 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 claim be dismissed.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
4a.'4414
0&4z~
Executive Secretary
Dated at Chicago, Illinois, this 31st day of July
1978.