NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 22234
THIRD DIVISION Docket Number SG-21955
Dana E. Eischen, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Seaboard coast Line Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Seaboard Coast Line
Railroad Company:
(a) Carrier violated the current Signalmen's Agreement, as
amended, particularly Rule 1, Scope, and Rule 17, Subject to Call,
when it required or permitted Mr. S. H. Wright, Assistant Supervisor
of Signals, West Palm Beach, Florida, to make repairs to signal circuits
at draw bridge, Indiantown, Florida, and to make test to signal equipment at S. E. Indiantown on Sun
(b) Carrier should now be required to compensate Signal
Maintainer H. E. Black, Fort Lauderdale, Florida, for five hours at
one and one-half times his regular rate of pay."
/General Chairman file: 56-H E Black-75. Carrier file:
15-1(75-9)J/
OPINION OF BOARD: Claimant is a Signal Maintainer headquartered at
Fort Lauderdale, Florida. On Sunday, July 6, 1975,
the drawbridge at Indiantown, Florida, some 80 miles away from Fort
Lauderdale, developed signal trouble. The bridge tender reported
about 8:35 a.m. that he was unable to get a signal for trains to cross
the canal. The regularly assigned Signal Maintainer who covers
Indiantown was marked off as were Maintainers at other points close
to Indiantown. Claimant Black was not marked off but he was some 80
miles away in Fort Lauderdale. Carrier elected to send an Assistant
Supervisor of Communications, who was already in Indiantown, to check
out the trouble.
The Assistant Supervisor upon examination found that a drag
line dredging the canal apparently had snagged and broken some wires
in the suspended drop on the draw span of the bridge. He made temporary
repairs to the cables and cleared the bridge for traffic. The record
shows that Signal Maintainers subsequently made permanent repairs to
the damaged cable.
Award Number 22234 Page 2
Docket Number SG-21955
Leaving aside the question of whether the stalled drawbridge
and delayed rail and boat traffic constituted an emergency, we are
persuaded that a long line of precedent supports Carrier's position
that Claimant was not "available" within the meaning of Rule 17.
Those awards hold consistently that long distance and consequent
inability to report reasonably promptly to trouble shoot a sudden
defect may render an employe unavailable under rules like Rule 17.
The authorities seem to weigh both the time and distance involved as
well as the "emergency" nature.of the reported signal trouble in
making such determinations. These cases are all ad hoc and turn on
their individual facts but a distance as short as 33 miles (Award 15339),
taken together with the other considerations mentioned, has been held
to constitute unavailability.
In the circumstances of the record before us and considering
the distance of Claimant from the trouble site, the nature and
consequences of the drawbridge signal defect and the fact that only
temporary repairs were made by the supervisor, we conclude that the
Agreement was not violated. See Awards 12519, 12520, 12938, 15339,
15998, 15999 and 18247.
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 Bosid.,has
ju-ri
$ction
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 30th day of November
1978.