NATIONAL RA12ROAD AWUS24ENT BOARD

Award Number 23374

THIRD DIVISION Docket Nimber SG-22832

Robert A. Franden., Referee

(Brotherhood of Railroad Signalmen PARTIES 10 DISPUTE:

Louisville sad Nashville Railroad Company

STATEMENT CF CWIbt: "Claim of the General Committee of the Brotherhood of Railroad 31gns7men on the Louisville and Nashville rallroad Company:

On behalf of Leading Signal Maintainer J. G. Daugherty,, the senior available mss in the Louisville Terminals on Sunday,, July 17p 19T(., for six hours' pay at time and one-half rates account not called and a junior man was used for overtime service to repair damage mused by a derailment of Train X277 at Frankfort Avenwep Halt Louiavilles, Kentucky." (Carrier file: G-A-9 c-364)

OPINION OF BOARD: At issue is this case is whether under the existing agreements
between the parties and the proper application of the seniority
rules the Claimant should have been called to perform overtime walk at a derail
ment site on July 17., 1977.

In addition to the basic agreement between the parties.. there is on this property an agreement dated April 290 1977 that provides far the distribution of overtime which agreement states that "...the employee assigned to the relief shift position,, which is presently defined as Gang No. 19,, X11. only hare rights for overtime is Strawberry Yard..." It further provides that "the leading signal mai.ataiaer assigned to the CfC machine will be called for trouble on the mph'ne or associated equipment..."

We believe that the Organization has substantiated its position that the walk involved wen on a mechanism which was peripheral to the CTC machine and would hence be considered associated equipment. Accordingly it wen appropriate that the Claimant be called. We will sustain the claim* '

FINDINGS: The Third Division of the Adjustment Hoards upon the whole record and all the evidences finds affil holds:

That the parties waived oral hearing;

That the Carrier and the Employee involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Acts as approved June 21., 1934;

Award Number 233'Tk Page 2

Docket Number SG-?2832

That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

That the Agreement was violated.

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJIJSMNT BOARD

By Order of Third Division

ATTEST:

Executive Secretary

Dated at Chicagoj, Illinois this 15th day of September 1981.