NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22876
Joseph A. Sickles, Referee
(Brotherhood of Railroad
Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Missouri Pacific Railroad
Company:
In behalf of Signalman J. R. Tyson; Assistant Signalmen Ricardo A.
Martinez, Ronnie D. Gatewood and Larry I. Barnes; gang 1373, Palestine,
Texas, for eight hours' pay at one and one-half times their straight time
hourly rate of pay for November 13, 1977." LCarrier file: K 225-766/
OPINION OF BOARD: The Claimants normally work Monday through Friday,
however they were required to report for duty at
8:00 p. m. on Sunday, November 13, 1977. This action was motivated by the
Carrier's desire to have the individuals available for work on the next
ensuing day and still permit them to have sufficient rest to comply with
the Hours of Service Act.
The Carrier allowed certain overtime payments, however the
Organization claims 8 hours compensation at the .time and one-half rate.
The Carrier points out the basic need for transporting the
Employes to the wcrk site on the preceding evening, so as to insure as
little disruption to the signal system as possible, and it also reminds
the Board that it paid travel time to the Employes as required by the
applicable agreement. Moreover, the Carrier argues that the Employes
have failed to cite a pertinent rule which requires the paypent requested
in the claim.
We have reviewed the record in its entirety and, limited solely
to the record before us and the rules cited by the parties, we are unable
to find that the Employes have set forth a valid basis for the claim.
Accordingly, we have no alternative but to deny the claim, as presented.
Award Number 22952 Page 2
Docket Number SG-22876
FILINGS: 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 15th day of August 1980.