NATIONAL RAILROAD ADJUSEIENT BOARD
THIRD DIVISION Docket Number SG-24150
Irwin M. Lieberman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE :
(Chesapeake and Ohio Railway Company
( (Pere Marquette District)
STAT,-ENT OF CL4IM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Chesapeake & Ohio Rail-,M7
Company (Pere Marquette District):
(a) Carrier violated the parties' Signal Agreement, as amended,
particularly Rule 217, when on or about May 5, 1980 Carrier changed headquarters
(home station) of Detroit Signal Gang Force 1702 from Detroit, Michigan to
Dearborn., Michigan.
(b) Carrier further violated the parties' Signal Agreement, as
amended, particularly Section 3 of Agreement of August 2, 1977, when Carrier
refused payment of per diem expense allowance to members of Force 1702 when
Claimants did not end their work days at their headquarters (home station)
of Detroit, Michigan.
(c) Carrier should now be required to allow per diem expense
allowance to Claimants for work days as indicated below:
_Name . C&0 TD N0. No. Days Worked in
Pay Period Ending 5-23-80
B. T. Dalton 2280757 4
V. R. Stanek 2427876 8
J. F. Allarding 2517211 8
R. J. Redmond 2619872 8
G. B. McVey 2622689 8
R. J. Weitzel 2626866 8
(d) Inasmuch as this is a continuing violation, claim is to
continue until such time as Carrier takes necessary corrective action to comply
with violations cited in parts (a) and (b) above."
OPINION OF BOARD: The basic premise upon which this Claim is based is the
alleged move of a gang's headquarters from Detroit, Michigan
to Dearborn, Michigan. In view of the ultimate conclusion reached on the merits,
the Board will offer no comment concerning the procedural irregularity specified
by Carrier in its Submission. The Rule which controls the basic thrust of the
Claim provides in pertinent part:
Award Number 24213 Page 2
Docket Number SG-24150
"Rule 217--GANG HEADQUARTERS
(a) Headquarters of existing gangs as of the
effective date of this agreement are as follows:
(1) Detroit-Grand Rapids sub-seniority district
gang--Detroit, Michigan
(2) Chicago-Petoskey sub-seniority district gang
-Grand Rapids, Michigan
(3) Toledo-Ludington sub-seniority district gang
-Saginaw., Michigan
(4) Canadian seniority district gang-Ridgetown,
Ontario
(b) These headquarters (viz., Detroit, Grand Rapids.
Saginaw and Ridgetown) may be changed by agreement between
the Management and the duly authorized representative of
the employees."
The record indicates that for an unspecified number of years
prior to 1977 Force 1702 had been operating from Camp Cars. Following the
elimination of Camp Cars in 1977 this force worked away from the Detroit area
until May of 1980. During this period members of the Force were allowed appropriate per diem expense
May 5, 1980 the Force started to work out of Ferney Street in Dearborn,
Michigan which was the assigned headquarters, according to Carrier. The
Ferney Street location is approximately one mile from the Detroit City
limits.
Petitioner argues that Carrier violated the Agreement when it moved
the Signal Gang from Detroit, Michigan and would not pay the daily allowance
mandated by the rules for employes required to be away from their home station.
Petitioner insists that the rule designates Detroit as the headquarters and
Dearborn is not within the city limits of Detroit.
Carrier takes the position that the headquarters of the gang has
always been the Ferney Street location in Dearborn and that the parties have
in practice used the designations of Detroit and Dearborn interchangeably.
Further, evidence was produced that the headquarters was never moved and has
been the same as long back as anyone can remember.
The Board finds a significant flaw in Petitioner's argument:
there is no indication whatsoever as to the location from which the headquarters
was moved. Further, there is evidence of record which indicates that the Ferney
Street location in Dearborn had been the headquarters for the gang for at least
twenty years. Thus, Petitioner, even if correct in its basic position is some
Award Number 24213 Page 3
Docket Number SG-24150
twenty years late, and is hence estopped from making this tardy claim by
its acquiesence over the many years of accepted practice.'
It is apparent that both Carrier and Petitioner, based on the
record, have used the designations of Dearborn and Detroit interchangeably
over the years far purposes of Rule 217. Consequently, for the reasons
indicated, the Board cannot find that there has been any Rule violation.
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 %ployes involved in this dispute are
respectively Carrier and Enployes 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 AWUS24ENT BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board.
:BYY
: Roaemarie Mai - nistratime Assistant
Dated at Chicago, Illinois, this 14th day of march 1983.