NATIONAL RAIIROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-24260
Martin F. Scheinman, Referee
(Brotherhood of Railroad Signalman
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: 'Claim of the General Committee of the Brotherhood of
Railroad Signalman on the former Lehigh Valley Railroad,
now part of Consolidated Rail Corporation:
On behalf of Seniority District #+ employees, Scott Renninger for 13
hours' pay Q $10.30, Richard L. Galloway for 5 hours' pay (@ $9.55, and Harold
G. Markow for 5 hours' pay G $9.80, account on April 1 and 2, 1980, Carrier
required signal employees from Seniority District
#8
to perform work on Seniority
District
A."
(System Docket 1549. Atlantic Region, Lehigh Division Case
ALSI-7-80)
OPINION OF BOARD: On April 1, 1980, there was a significant snowstorm in the
Bethlehem, Pennsylvania area. As a result, much of Carrier's
signal system in the area was knocked out. Because of the need to quickly repair
the system, Carrier assigned certain signal employes of Seniority District #8,
to assist in repairing it. As a result of Carrier's actions, the Organization
filed this claim, alleging that the work should have been assigned to Seniority
District
A
Signalmen, Claimants S. Renninger, R. L. Galloway and. H. G. Markow.
The Organization contends that since the work at issue was performed
within the boundaries of Seniority District #+, it should have been performed
by Seniority District #+ employer. The Organization notes that Carrier never
declared an emergency on April 1, 1980. Thus, in the Organization's view, there
was nothing extraordinary which would have allowed Carrier to use signal employes
across seniority boundaries.
In addition, the Organization points out that Carrier originally denied
the claim on the basis that the employes from Seniority District #$ had the use
of a high-rail truck which was essential to adequately repair the signal system.
However, the Organization asserts that Seniority District
44
employer also had
the use of a high-rail truck. Therefore, according to the Organization, Carrier's
reason for denying the claim is clearly insufficient. It asks that Claimants be
compensated with appropriate back pay for Carrier's alleged violation of the
Agreement on April 1 and 2, 1980.
Carrier, on the other hand, contends that it acted properly when it
assigned Seniority District # 8 employes to perform work in Seniority District
#4
on April 1 and 2, 1980. First, Carrier asserts that no provision of the
Agreement prevents it from assigning employes across seniority lines. This is
particularly true, according to Carrier, where extreme conditions existed which
required that the signal system be repaired as soon as possible. Since all
available signal employes in Seniority District
#4
were actively engaged in
Award Number 24271 Page 2
Docket Number SG-24260
making needed repairs, Carrier naturally. turned to signalmen in the adjacent
Seniority District #8, to assist in restoring the system to good working order.
Thus, in Carrier's view, it acted reasonably under the circumstances, especially
since a non-functioning signal system represents a significant safety hazard to
employes as well as the general public. Accordingly, Carrier asks that the
claim be denied in its entirety.
Under normal circumstances we might agree with the Organization that
employes may not be assigned across seniority districts. However, the record
evidence reveals that normal circumstances did not exist on April 1 and 2, 1980.
A severe snowstorm had knocked out much of the signal system in the Bethlehem,
Pennsylvania area. Carrier clearly was under a duty to repair that system as
expeditiously as possible. For this reason, it was reasonable for Carrier to
employ Signalmen in an adjacent seniority district to assist in repairing the
system.
The failure of Carrier to formally declare the existence of an emergency
does not change our findings. It is not dispositive. A safety hazard clearly
existed whether or not an emergency was declared. Carrier's obligations to
correct that hazard were just as great even in the absence of such a declaration.
Stated simply, extreme conditions required abnormal remedial measures.
Furthermore, we note that the employes from Seniority District #+ were
also covered under the Agreement. Thus, Carrier did not go outside the coverage
of the Agreement when it assigned those employes work in Seniority District #$
on April 1 and 2, 1980. In all, the claim must be denied.
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 Employee 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.
Award Number 242
Docket Number SG-24260
Page
3
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: Acting Executive Secretary
National Railroad Adjustment Boaai
By
~~Ci
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 23rd day of March 1983.