NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22312
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Atlanta and West Point Railroad Company
( The Western Railway of Alabama
( Georgia Railroad
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Atlanta and West Point
Railroad Company-The Western Railway of Alabama:
On behalf of Telephone Maintainer F. L. Thigpen and Assistant
Telephone Maintainer M. L. 8ohnson, for two hours and forty minutes
overtime pay each account carrier using Signal Maintainer J. F. Mitchell
to clear telephone trouble on July 17, 1976, at M.P. 85.2; and on
behalf of Assistant Telephone Maintainer M. L. Johnson for one hour
and fifty minutes overtime pay account carrier using Signal Maintainer
J. F. Mitchell from 4:00 p.m. to 8:30 p.m. July 18, 1976, to clear
telephone trouble at College Park, Ga." LInitial claim for July 18
was for two hours and forty minutes for Thigpen, and four hours and
thirty minutes for Johnson, but Carrier stated it paid each for two
hours and forty minutes/
OPINION OF BOARD: On July 17, the dispatcher and message phones
between Atlanta and Montgomery malfunctioned.
The dispatcher, after ascertaining that the trouble was located west
of LaGrange, called telephone maintainer Newsome whose territory was
LaGrange west of Montgomery. Newsome was unavailable and a signal
maintainer was instructed to make temporary repairs. The Claimants'
assigned territory, which is contiguous with Newsome's, runs east of
LaGrange to Madison. Claimants contend they were available and
entitled to be called under Rule 59. Carrier, however, denies an
obligation to call them because themalfunction was not on the
Claimants' assigned territory.
The second part of the claim relates to July 18. On that
date the malfunction occurred on the claimants' territory. The
dispatcher attempted to contact them but they were not available.
The signal maintainer was directed to make the repairs. However,
the dispatcher continued to try to reach the Claimants (Thigpen and
Johnson) and reached them 2k hours later, directing them to assist
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Docket Number SG-22312
is the repairs. But before Claimants left home the malfunction was
corrected and they were instructed not to report. Each Claimant,
accordingly, was paid a 2 hour and 40 minute call by Carrier.
The original claim for July 18 was 2 hours and 40 minutes
for Thigpen and 4 hours and 30 minutes for Johnson. During the
handling on the property each claim was reduced by 2 hours and 40
minutes because of Carrier's payment for the call.
The .claims are based on Rule 18 and Rule 59. Rule 59 is
particularly relevant. It reads:
"(d) Signalmen will perform only signal work.
Telephone-Telegraph men will perform only
communication work. When failures. occur to
either system or emergencies occur, if an
employee assigned to the class of work is not
available, employees of the other craft may be
used to put the system in temporary working
order. Permanent repairs will be made by
employees in the craft of the work,"
(underlining supplied,)
Rule 59 is fairly straightforward. It requires that the
Carrier call those, and only those, employee who were reasonably
available and who were assigned to the class of work in which the
failure or emergency occurs. The rule does not, as the Carrier .
suggests, limit its application to calling only employee assigned
to the territory on which the failure or emergency occurs but
those assigned to the class of work who are available. There is
no language is Rule 59 (d) or the Agreement as a whole, to support
the Carrier's argument. Although the Carrier contends that Rule 18
3s such a rule, that rule only requires that the regularly assigned
employs will be coiled when there is overtime on his assignment.
It does not say that only this employs will be called on failures
or emergencies. Rule 59 specifically encompasses these
contingencies
and states "an employee assigned..." wilt be called if available.
It does not specify or limit which employs of that class will be
called. The only limitation is. availability, which can vary
depending on the specific facts and circumstances of each case.
As this Board has stated before, a Carrier is not obligated to use
employee who are not reasonably available.
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Docket Number SG-22312
Our reading of the language of Rule 59 leads us to find
that the claim for July 17 must be sustained. The employee have
claimed that they were available on July 17; Carrier has never
rebutted this. The Carrier might have successfully argued that
the Claimants were not available, taking into account the nature
of the emergency and the distance involved, but such argument was
not made.
Regarding the claim for July 18, the Carrier has shown
that the Claimants were called, but were not at home, and, therefore,
they were not available. The Carrier fulfilled its obligation under
Rule 59 when it attempted to reach the Claimants. Carrier was then
free to use an employe of another class to make temporary repairs,
assuming that no other telephone maintainers were reasonably
available. The fact that the Claimants were later contacted and
released and.paid 2 hours and 40 minutes is irrelevant.
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 violated to the extent shown in
Opinion.
A W A R D
Claim sustained to the extent indicated in the Opinion and
Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 16th day of May 1979.