RATIONAL RAILROAD ADJEISTKNT HOARD
THIRD DIVISION Docket Number SG-22176
Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE
(Chicago and Illinois Midland Railway Company
STAMM OF CLAIM: "Maim of the General Camnittee of the Brotherhood
of Railroad `3lgualmea an the Chicago
de
Illinois
Midland Railway Company:
Cls behalf
of
Signal Maintainer H. L. Hansen for 12 hours and
30 minutes at the overtime rate account of being called to repair storm
damage on July 26, 1976." Case Ho. MP-BRS-g
OPINION OF
BOARD:
The claim herein arises out of the fact that to
repair storm damage work at Powerton, Illinois,
Carrier used the following personnel:
R.
M. Wagy, a Signal Maintainer
having the highest seniority among all personnel and with home station
at Havana, Illinois, the closest to trouble scene of the two stations
assigned to personnel (the other is Springfield, considerably to the
South), also, Assistant Signal Maintainer Watkins, also headquartered at
Havana.
C
laimant,
a Signal Maintainer headquartered at Springfield
and having considerably greater seniority than Assistant Signal
Nhintainer Watkins thereafter filed the instant overtime claim on the
basis that failure to call him instead of Assistant Signal Maintainer
Watkins was in violation of his contractual seniority rights.
We find nothing in the Agreement which stipulates how a crew
shall be made up in respect to crafts or in response to functional needs
provided that scope rights are respected. In this case, management
decided that the need was for one Signal Maintainer and one Assistant
Signs' Maintainer. It has not been shorn that such choices caused these
employes to be assigned other than to the appropriate skills and
functions of their respective classifications.
Inasmuch as the Signal Maintainer chosen, vas the most senior of
of all Signal Maintainers (as well as of all other signal maintenance
personnel) and, as far as can be determined from the record, the Assistant
Signal Maintainer was the most senior of that classifications, it appears
to us to be useless to evaluate such other considerations argued by
Award Dumber 22170 Page 2
Docket her sG-22176
the parties, as: is overtime assignment a contractual seniority right
here, or compellingly inferred from the general contract declaration
of the seniority principle, or do either contract rights or wel1embedded practices require managemen
anywhere in the whole Springfield - Pekin area (and if so, on what basis)
or is it left free to make assignments from among personnel stationed in
the nearest segment to the locale of an emergency assignment? Such
considerations need not be reached because we find conclusively
determinant an this issue for these circumstances, the fact of
management's right to determine the functional needs involved in the
emergency assignment which arose and to make-up the repair team according
to crafts which, in its judgement, most efficiently and expeditiously
met those needs, without violation of craft classification rights.
FINDINGS: The Tbird Division of the Adjustment Hoard, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employee involved in this dispute
are respectively Carrier and Employee within the meaning of the Railway
Labor Act, as approved fine 21, 1934;
Tint this Division of the Adjustment Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D ~_.; :.:
Claim denied.
,:.
NATIORAL RAILROAD ADMTMM HOARD
By Order of Third Division
Executive Secretary.
Dated at Chicago, Illinois, this 31st day of July 1978.