RATIONAL RAILROAD AWUSTMENT HOARD
THIRD DIVISION Docket Number SG-23275
Canton R. Sickles, Referee
Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
Southern Pacific Transportation Company (Pacific Lines)
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of Railroad Signalmen
Company (Pacific Lines):
On behalf of Signal Maintainer A. C. Keelin for reimbursement of
$24.00 expended by him for cleaning and oiling his railroad approved watch."
(Carrier file: SIG 46-102)
OPINION OF BOARD: Claimant's request far reimbursement of 0.00 expended
for the cleaning of his watch by an authorized watch
inspector was denied by the Carrier on the basis that the claimant was not
specifically directed. to have the watch cleaned.
At issue is Rule 68B of the current Agreement which provides as
follows:
"STANDARD BATS. When employees are required
by the company to have their standard railroad
grade watches cleanad, the cost of such cleaning, when performed by authorized watch inspector, shal
This same issue was considered in Third Division Award 22078. In
that award, the identical language was under consideration. In that case,
claimant was told by his superiors to have his watch card updated. The local
timekeeper advised him he would be required to have his watch cleaned before
it could be approved. That decision held that the claimant could validly
assume that the Carrier required him to have his watch cleaned.
In the case before us., there was no verbal at&tement by a supervisor to have the claimant's wat
Carrier's rules and regulations requires signal maintainers, among others,
to carry while on duty a reliable railroad grade watch and watch certificate
Form 2821. By circular, it is required that the watch be presented to an
authorized watch inspector for
exmi·a
tion during August, September, or
October of each year.
Award 1Qumber
23248
Page
2
Docket Number
sc-232'(5
the claimant did take his watch to an authorized watch inspector
and was informed that the watch had to be cleaned to meet the Harrier
standards.
The Carrier contends that the word, "required", means specifically directed, or, in effect, advance
3479 of
the special Hoard of Adjustment No. 18 appears to support this position.
Award
220'(8
noted Decision
3479
with approval and would have so decided
were it not far the special circumstances in that case. We believe we
have the same special circumstances here.
There is little distinction between the verbal instructions in
Award
22078
and the written instructions in this case. If the Harrier
contends that it is not a valid interpretation of these two paragraphs
when considered together to require a watch cleaning, then in light
of
the difficulty which has arisen with respect to this subject matter in
the past, it is certainly incumbent upon the Carrier to clarify its
interpretation of these too provisions taken together and to countuaicate
this so that the emplqyes involved are informed of the Harrier's interpretation.
In Award No.
22078
referred to above, it was found that the
claimant, under the circumstances involved, could validly assume that the
Harrier required him to have his watch cleaned while supporting the basic
rule that the Carrier is only responsible for watch cleaning when it
specifically directs it to be done.
We concur with that award when it states, "We believe that it
would be easy to avoid any future misunderstandings such as this by Carrier
advising its employee and its time inspectors accordingly. Then any questionable expenses for watch
for approval or disapproval before an employe makes a personal expenditure".
Subsequent to &yard
22078,
the Harrier did notify, by mecum,
all division engineers that had jurisdiction over line officers and employes
throughout its system and its mnager of time service. It provided in part:
"We can avoid future misunderstandings of
this nature if the employees are reminded
that such expenses are not payable by the
company unless they are specifically dl,
rested to have their watch cleaned."
But that was not enough. There is no evidence in the record that
the information has been transmitted to the employee in suitable form so
employee are on notice when they are complying with the carrier's Rule x2
and supporting circulars.
Award Number
23248
Page
3
__ Docket Number
SG-23275
Without such clarification, it is logical for the claimant to
assume that by Rule I2, the Carrier required him under the circumstances
to have his watch cleaned.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
anrall 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
ATTST:
Executive Secretary
Dated at Chicago, Illinois, this
31st
day of March 1981.