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.