NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number
SG-23200
George S. Roukis, Referee
(Brotherhood of Railroad Signalmen
PARTIES 7d DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT CF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the St. Louis-San Francisco
Railway Company:
On behalf of Inspector E. W. Grove for payment of overtime -
5.4
hours overtime August 1, 2.,
7
hours overtime August
2.,
and
2.7
hours
overtime August
3, 1978
-- account required to cover trouble calls during
and after regular working hours on the territory of a vacationing signal
maintainer." (Carrier file:
D-9783)
OPINION OF BOARD: In this dispute Claimant contends that he is entitled
to an aggregate of
10.8
hours overtime because he was
required to correct signal trouble on August 1,, 2 and
3, 1978.
He argues
that his work was outside of his classification as defined by Agreement
Rule 2 and additionally violative of Rule
45
since he was used outside the
hours of his assignment.
Carrier disputes these contentions and argues that
Rule 2 does not restrict his duties solely to the inspecting and testing of
signal apparatus but permits the assignment of those duties contested. It
also contends that Rule
45
is inapplicable to this situation, since Inspectors are paid on a monthly rated basis which cove
during the calendar month and the permitted exceptions are not present in
this instance.
In our review of this case, we concur with Carrier's position.
Careful. analysis of Rule 2 does not indicate that Carrier can only assign
Inspectors to perform inspecting and testing work but it may assign them
the disputed work herein. Rule 2 is not such a restrictive provision.
This interpretative assessment is further buttressed by the Organization's
previous attempt to modify Rule 2 when it served a Section
6
notice on
Carrier on December
8j, 1975·
In its bargaining proposal it sought to delete
the word "principal" and restrict the Inspector's work to only inspecting
and testing duties. There is no violation of Rule 2.
Award Number
23186
Page
2
Docket Number SG-23200
Similarly, we do not find a violation of Rule
45.
This rule
relates only to compensation and not to the type of work performed and
specifies that the Inspectors and Signal Shop Foreman will be paid on
a monthly basis. The permitted exceptions to the rule are not present
here. Thus we must conclude that Claimant was properly assigned sad
compensated consistent with the intended application of these rules.
Upon the record, we are compelled to deny the claim,
FINDINGS: The Third Division of the Adjustment Board, upon the whole
record and all `_he 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 ADJUST BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 18th day of February
1981.
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