NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22081
George S. Roukis, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATEMENT
OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Burlington Northern:
On behalf of Signalman R. L. Shaffstall for 16 hours at
signalman's straight time rate of pay for April 5 and 6, 1976."
/Carrier file: SI-34(b) 7/30/76/
OPINION OF BOARD: This case centers on the Employes' charge that
Carrier violated Agreement Rules 3-I and 35-A by
not permitting claimant to return to his regularly assigned position
on the first day of his assigned work week after completing a temporary
assignment, whose rest days fell on the claimed dates (April 5 and 6,
1976).
The pertinent sections of these provisions provide:
RULE 3-I
"The term 'work week' for regular assigned employees
shall mean a week beginning on the first day on which
the assignment is bulletined to work, . . ."
RULE 35-A
"An employee assigned to a temporary position or an
employee filling a temporary vacancy, will when
released, return to the permanent position held
immediately prior to such assignment . . ."
The Organization also cites the relevancy and applicability of Third
Division Award No. 8395.
After careful analysis of the record we are unable to sustain
Employes' position. Award No. 8395 was based upon Agreement provisions,
which are not found in the language of the rules cited herein and we
cannot consider it to be controlling. Moreover, the language of Rules
Award Number 22241
Docket Number SG-22081
Page 2
3-I and 35-A does not expressly prohibit Carrier from requiring an
employe to observe the rest days of the position he had been
temporarily working, particularly, under the present circumstances
of this dispute.
The Board, of necessity, has confined its decision to the
fact specifics of this grievance and the Agreement Rules adduced.
We will deny the claim.
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.
ATTEST:
Executive Secretary
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 30th day of November
1978.
