(Brotherhood of Railioad Signalmen
 PARTIES TO DISPUTE:
 (Chicago and North Western Transportation Company

 STATEMENT OF CIAIMs "Claim of the General Committee of the Brotherhood
 of Railroad Signalmen on the Chicago and North
 Western Transportation Company;




















" Claim No. 2


(b) Following is the dates and times made part of this claim.
 June 25, 1977 1 hour.
 June 26, 1977 10 hours.
 July 2, 1977 8 hours.
 July 3, 1977 8 hours.
 July 4, 1977 5 hours 30 minutes.
 July 9, 1977 13 hours.
 July 10, 1977 12 hours.
 Total of 57 hours 30 minutes



(a) On June 27, July 1, 2, 3, 4, 8, and 10, 1977, the carrier





(b) Following dates and times made part of this claim.
 June 27, 1977 4 hours.
 July 1, 1977 2 hours 30 minutes
 July 2, 1977 8 hours.
 July 3, 1977 8 hours.
 July 4, 1977 5 hours 30 minutes
 July 8, 1977 8 hours 30 minutes
 July 10, 1977 4 hours.
 Total of 40 hours 30 minutes

 (c) Carrier now be required to compensate Signal Maintainer



" Claim No. 4
(a) On July 24, and July 26, 1977, the carrier violated the





(b) Following dates and times made part of this claim.
 July 24, 1977 5 hours.
 July 26, 1977 4 hours.
 Total of 9 hours.



(a) On July 24, and July 25, 1977, the carrier violated the





(b) Following dates and times made part of this claim.
 July 24, 1977 4 hours.
 July 25, 1977 4 hours.
 Total of 8 hours.



" Claim No. 6.

(b) Following dates and times are made part of this claim.
 August 5, 1977 7 hours 30 minutes
 August 6, 1977 3 hours
 August 7, 1977 6 hours.
 August 13, 1977 8 hours
 Total of 24 hours 30 minutes



(a) On August 6, 7, 12, 17, and 21st, 1977, the carrier














Claims 1 through 7: Carrier file: 79-1-45.


" Claim No. 8.

 (a) On September 3, 4 and 5, 1977, the carrier violated the





(b) Following dates and times are made part of this claim.
 September 3, 1977 12 hours
 September 4, 1977 12 hours
 September 5, 1977 12 hours
 Total of 36 hours



(a) On July 30, 31 and August 1, 1977, the carrier violated





(b) Following dates and times are made part of this claim.
 July 30, 1977 6 hours 10 minutes
 July 31, 1977 20 hours 20 minutes
 Aug. 1, 1977 7 hours
 Total of 33 hours 30 minutes

Claims 8 and 9: Carrier file: 79-1-46.


        "Claim No. 10


        (a) On December 24, 25, 26 and 27, 1977, the carrier

            violated the current Signalmen's-Agreement particularly,

            Rule 16, concerning the checking out and checking in

            for signal maintainers as per instructions issued by

            Signal Suprv. Freund in his letter to all signal

            maintainers dated June 22, 1977.


        (b) Following dates and times are made part of this claim.

            December 24, 1977 7 hours 45 minutes

            December 25, 1977 24 hours

            December 26, 1977 24 hours

            December 27, 1977 7 hours '

            Total of 62 hours 45 minutes


            (c) Carrier now be required to compensate Leader Signal Maintainer W. G. Myers, located at South Pekin, Illinois at his applicable overtime rate of pay for all time held on a standby basis for the dates and times listed above.


        Claim No. 10: Carrier file:79-1-47."


OPINION OF BOARD: Basis for these claims is the application of
 Rule 16 (a) of the Agreement in effect between the parties at the time of events germane to this dispute:

        "SUBJECT TO CALL


        16 (a) Employes assigned to regular maintenance duties recognize the possibility of emergencies in the operation of the railway, and will notify the person designated by the management where they may be called. When such employes desire to leave their home station or section they will notify the person designated by the management that they will be absent, about when they will return, and, when possible, where they may be found. Unless registered absent, regular assignee will be called."


Events cited in the claims occurred on various dates in June, July, August, September and December of 1977. They followed the issuance, by the Signal Supervisor, of a letter dated June 23, 1977, to "All Signal Maintainers" which stated:
                    Award Number 22787 Page 7

                    Docket Number SG-22603


        "Signal Maintainer check-out sheets have been provided

        to the following locations;

        Dispatcher's Office - Chicago

        Dispatcher's Office - South Pekin

        JB Tower -West Chicago

        NY Tower -Nelson


        Effective immediately, a record will be kept at the above locations showing the time checked out and the time checked back in. Maintainers will check out with their designated check-out point as indicated below. Each group will have at least one maintainer available for call on nights and weekends. Therefore, if all but one maintainer bas checked out in a group, the remaining man will not be allowed to check out."


According to the Organization, the Claims herein are based upon the application of such directive and are made by the Signal Maintainers not allowed to "check out" as per the June 22, 1977, directive, who thus considered themselves "subject to call."

 The record reflects eloquent arguments by both parties -- by the Organization (among other things) that the Claimants were on "standby time" and entitled to compensation, and by the Carrier that it must be able to sustain operations continuously and thus must have access to qualified employes on an emergency basis at all times. Neither argument is squarely on point with the issue before the Board. What is, is whether or not the Carrier made a unilateral change to the language and application of the appropriate Rule. We find in the affirmative in that regard. Rule 16 (a) is neither vague and thus in need of clarification, nor is it ambiguous and subject to various applications. Apparently, what the Carrier sought to deal with was the potential for all Signal Maintainers to register absent and it thus be devoid of qualified employes on an emergency basis. We find no such potential under this Rule; indeed, an affirmative obligation rests upon such employes to ensure that the Carrier knows where all may be found if they are away from their home stations. Essentially, the Carrier has deprived the Claimants of this degree of flexibility, presumably on the dates set forth herein. Such action exceeds the restrictions set forth in Rule 16 (a) and thereby changes its application.

 We suggest, however, that the extent of the Claims may be violative of laws and statutes; we also conclude that no specific Rule under the Agreement can be cited as applicable in this regard. What is involved is a demand of punitive compensation for a loss of flexibility
                    Award Number 22787 Page 8

                    Docket Number SG-22603


for the Signal Maintainers who were not permitted to "check out" on the various weekends cited in the claims. We remand this matter back to the parties for 90 days, during which they are to endeavor to reach an accommodation as to compensation for the improper restrictions placed upon the affected employes. Failure of the parties to do so within such period will result in this Board accomplishing this responsibility.

        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.


                    A W A R D


The Agreement was violated to the extent set forth in the Opinion; claims are to be disposed of as set forth in the Opinion.

                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: "4
 Executive Secretary

 Dated at Chicago, Illinois, this 14th day of March 1980.

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