NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-23021
Joseph A. Sickles, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Atchison, Topeka and Santa Fe
Railway Company:
(a) Carrier violated the Signalmen's Agreement, particularly the
Scope, when, on February
17, 1978,
it permitted Mr. B. B. Gaddis, Assistant
Signal Engineer, to work on a switch machine from
8:00
a. m. to 12:00 noon.
(b) Carrier should now pay Mr. L. R. Lopez an additional four
hours pro rata pay account Mr. Gaddis deprived him of work opportunity."
(General Chairman file: 1-211.Carrier file: 14-1940-220-30)
OPINION OF BOARD: On February
17, 1978,
the Claimant observed an
Assistant Signal Engineer (a position not covered by
the Scope Rule of the applicable agreement) performing work on a switch
machine from
8:00
a. m. to noon.
There does not appear to be any significant dispute over the
fact that the Engineer is not covered by the agreement, and that the switch
machine involved is a piece of equipment which is used within the "systems"
covered by the Signalmen's Agreement.
The Carrier contends that the Supervisor in question happened to
become aware that a machine was not operating properly and, in the interest
of furthering the education of certain Student Signalmen, he demonstrated
to them the proper method to diagnose and rectify the prob?em. While doing
so, he - and the students - as well as other signal gang members removed
and replaced certain parts from the switch machine. It is indicated that
the time spent by the Supervisor in instructing the employes who were
working on the switch machine was approximately
1h
hours.
Thus, although the Carrier does not deny that under normal circumstances the work of changing a swit
hand" operation is work which belongs to bargaining unit employes, the
instant case is illustrative of the fact that a Supervisor may advise and
instruct employes.
Award Number 22955 Page 2
.. ' Docket Number SG-23021
We have considered the Awards cited by the carrier concerning
the propriety of training, as well as the assertion that this Claimant
was present duri4B the episode and assertedly did not raise any objection
at the time. Futther, we have noted the argument that the Claimant
suffered no monetary loss as a result of the incident.
Without immediate regard to the question of whether all of the
Carrier's present assertions were raised and progressed on the property,
we are inclined to find that the record supports the claim in this case.
Certainly, we do not suggest that it is improper or an agreement violation
for a Supervisor to engage in certain acts of education of employes, and
it is certainly permissible to utilize Supervisors to teach. However,
we would trust that in the normal circumstance, the Supervisor would not
utilize various tools when he did so, especially when there are journeymen
present and capable of handling the tools.
We feel that the actions of the Supervisor in this case transcended the bounds of educational ac
violation of the agreement.
The claim seeks compensation because of the deprivation of work
opportunity, and that concept is an appropriate basis for a damage award.
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
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST: 1'& Executive Secretary
Dated at Chicago, Illinois, this 15th day of August 1980.