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      Award Number 23229 Page 2

      - Docket Number SG-22603


      " Claim No. 2


          (a) On June 25, 2.6, July 2, 3, 4, 9, and 10, 1977, the carrier violated the current Signalmen's Agreement, particularly Rule 16, concerning the checking out and necking in for Signal Maintainers as per instructions issued by Signal Supervisor Freund in his letter to all Signal Maintainers dated June 22, 1977.


      (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


          (c) Carrier now be required to compensate Leading Signal Maintainer T. A. Cross at his applicable overtime rate of pay for all time held on a standby basis for the dates and times listed above.


          Claim No. 3


      (a) On June 27, July 1, 2, 3, 4, 8, and 10,.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

          Supervisor Freund in his letter to all Signal Maintainers

          dated June 22, 1977.


      (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 W. R. Vodd2n located at West Chicago, 111. at his applicable overtime rate of pay for all time held on a standby basis for the dates and times listed above.

                Award Number 23229 Page 3

                Docket Number SG-22603


" Claim No. 4
(a) On July 24, and July 26, 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 Supervisor Freund in his letter to all Signal

    Maintainers dated June 22, 1977.


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

    (c) Carrier now be required to compensate Leading Signal Maintainer T. A. Cross, located at West Chicago, I11. at his applicable overtime rate of pay for all time held on a standby basis for the dates and times listed above.


    Claim No. 5 .


(a) On July 24, and July 25, 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 Supervisor

    Freund in his letter to all Signal Maintainers dated

    June 22, 1977.


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

    (c) Carrier now be required to compensate Signal Maintainer W. R. Vodden, located at West Chicago, Ill. at his applicable overtime rate of pay for all time held on a standby basis for the times and dates listed above.

                Award Number 23229 Page 4

                Docket Number SG-22603


" Claim No. 6.

 (a)On, August 5, 6, 7 and August 13, 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

      Supervisor Freund in his letter to all Signal Maintainers

      dated June 22, 1977.


(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

      (c) Carrier now be required to compensate Leader Signal Maintainer Thomas Cross, located at :lest Chicago, Illinois at his applicable overtime rate of pay for all time held on a standby basis for the times and dates listed above.


Claim No. 7
.(a)On August 6, 7, 12, 17, and 21st, 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

      Supervisor Freund in his letter to all Signal Maintainers

      dated June 22, 1977.


      (b) Following dates and times are made part of this claim. August 6, 1977 8 hours.

      August 7, 1977 5 hours 30 minutes

      August 12, 1977 8 hours

      August 17, 1977 6 hours

      August 21, 1977 9 hours

      Total of 36 hours 30 minutes


      (c) Carrier now be required to compensate Signal Maintainer W. R. Vodden located at Glen Ellyn, 111. at his applicable overtime rate of pay for all time held on a standby basis for the times and dates listed above.


Claims 1 through 7: Carrier file: 79-1-45.
                Award Number 23229 Page 5

                Docket Number SG-22603


" Claim No. 8:

 (a) On September 3, 4 and 5, 1977, the carrier violated the
      6urrent Signalmen's Agreement, particularly Rule 16,

      concerning checking out and checking in for Signal

      Maintainers as per instructions issued by Signal Supervisor

      Freund in his letter to all Signal Maintainers dated June

      22, 1977.


(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

    (c) Carrier now be required to compensate Signal Maintainer T. R. Hobbs located at South Pekin, Illinois at his applicable overtime rate of pay for all tire held on a standby basis and times listed above.


      Claim No. 9


(a) On July 30, 31 and August 1, 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

      Supervisor Freund in his letter to all Signal Maintainers

      dated June 22, 1977.


(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

      (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.


Claims 8 and 9: Carrier file: 79-1-46.
                    Award Number 23229 Page 6

                    Docket Number SG-22603


        11Claim 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: By means of Award 22787, the Board dealt with the
 matter brought to it by Docket SG-22603. Essentially,
 it involved the issuance by the Carrier of a directive which this Board
 concluded limited the application of Rule 16 (a) of the Agreement in effect
 between the parties. This Rule required employes covered by the terms of
 the Agreement to routinely advise the appropriate supervisor where they
 might be reached after their departure from the facility after their
 regular shifts. The purpose was to ensure availability of qualified
 signalmen in case of emergency. The aforementioned directive, issued
 unilaterally by the Carrier, required that at least one such employe not
 check out on any given weekend and indicate where he might be reached that
 weekend. This Board affirmed the Organization's contention that such
 action constituted what might be considered standby status for the affected
 employe and that such directive is contrary to the clear intent of Rule 16(a).

 The Carrier expresses great concern over the potentiality of not being able to respond to an emergency situation by the non-availability of qualified employes; it cites Award 20831, an incident on this property
                    Award Number 23229 Page 7

                    Docket Number SG-22603


between these same parties, where the Carrier encountered a refusal of the only available employe to come in on an emergency. This Board recognizes the gravity of such a situation and finds no fault with the Award. -It is clear that the Carrier must be able to call upon its employes on emergencies and that such employes may not refuse a reasonable request do that regard; Rule 16 (a) anticipates as much and where any employe arbitrarily refuses such an order, he may have to stand the penalty of discipline. However, this Board does not have the authority to alter the provisions of the Agreement and we reiterate our conclusion that the Carrier's initiative was contrary to Rule 16(a), inappropriately limited the movement of such affected employes and, as a result, exacted a benefit to itself at the price of such employes' flexibility. Such loss is properly answered by compensation as follows;

          1. Claimants held subject to call for more than 12 hours shall be compensated for 12 hours at their straight time rates in effect at that time.


          2. Claimants held subject to call for less than 12 hours but more than 4 hours shall be compensated for such hours at their straight time rates do effect at that time.


          3. Claimants held subject to call for less than 4 hours shall be afforded a call at their appropriate rates in effect at that time.


This shall fully dispose of this dispute.

        FINDIMS: 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.

                    Award Number 23229 Page 8

                    Docket Number SG-22603

                    A W A R D


        Claim sustained in acoaadance vith the opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: IL
 Executive Secretary

 Dated at Chicago, Illinois, this 16th day of March 1981·