(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:


STATEMENT OF CLAIM; "Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Missouri Pacific Railroad Company (formerly the Texas and Pacific Railroad Company);

 On behalf of the members of Signal Gang No. 1644, headquartered at Longview, Texas, for an additional payment each of one hour each day at their respective overtime rates, account of Carrier violated the current Signalmen's Agreement, as amended, particularly, Rule 11, when beginning on December 20, 1976, it temporarily changed the starting time of this Signal Gang from 7;00 a.m. to 8;00 a. m., to conform with the starting time of a Maintenance of Way Rail gang, to avoid paying overtime.

 The following is a list of members of that Signal Gang, their positions, straight time rates and dates that their starting time was changed:

 Employee Position S.T. Rate Date O.T. Rate
 A. A. Rogoski Signalman $7.07 Dec. 20, 21, 22, 27,
 28, 29, & 30, 1976 7
 " 7.20 Jan. 3, 4, 5, 6, 11, 12, 13,
 17, 18, 19 & 20, 1977 11

 J. C. Rogoski Signalman 7.07 Dec. 20, 21 & 22, 1976 3
 " " 7.20 Jan. 3, 4, 5, 6, 11, 12, 13,
 17, 18, 19 & 20, 1977 11

 *M. D. Davis Signalman 7.13 Dec. 27, 28, 29 & 30, 1976 4
 " " 7.26 Jan. 3, 4, 5, 6, 11, 12, 13,
 17, 18, 19 & 20', 1977 11

 C. M. Dawson Assistant 5.95 Dec. 20, 21, 22, 27, 28, 29
 & 30, 1976 7
 " 6.08 Jan. 3, 4, 5, 6, 11, 12'--13,
 17, 18, 19 & 20, 1977 11


"Employee Position S.T. Rate Date O.T. Rate

 D. L. Estill Assistant $5.95 Dec. 27, 28, 29 & 30, 1976 4
 " ! 6.08 Jan. 3, 4, 5, 6, 11, 12, 13,
 17, 18, 19 & 20, 1977 11

 G. W. Young Assistant 6.04 Jan. 17, 18, 19 & 20, 1977 4

        (* 64~ FCC license differential added to regular rate)"


        LCarrier file: B 315-138/


OPINION OF BOARD: The hours of Signal Gang No. 1644 were changed by Carrier
 to start one hour later during the period they were
 working on a rail replacement program . Carrier asserts that the change was
 made to avoid conflict with the Hours of Service Act since the signalmen had
 to work behind the rail gang and both were working ten hour days.

 The Organization filed claim, taking the position that the change was made to avoid payment of overtime and was in violation of Rule 11, which reads:

        "The starting time of employes shall not be changed without first giving the employes affected 36 hours' notice. Starting time will not be temporarily changed for the purpose of avoiding overtime."


        The Question for decision by the Board is whether the change was

made for the purpose of avoiding overtime. It is apparent from the record
 that the signal gang had to work one hour each day after the rail gang
 completed their work. If the change in hours had not been made the signal
 gang would have necessarily been paid one hour of overtim Leach day.
 The change in hours avoided that payment. Carrier has attributed the
 change to a possible conflict with the Hours of Service law. However
 that conflict is only problematical and the avoidance of overtime is the
 reality. Faced with that background the Board finds that the change in
 hours was made for the purpose of avoiding overtime.
                    Award Number 22900 Page 3

                    Docket Number SG-22511


        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 thie 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


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST; 62& aaed~

        Executive Secretary


Dated at Chicago, Illinois, this 27th day of June 1980.