NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-24489
William G. Caples, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Railway Company et al
that:
(a) Carrier violated the Signalmen's Agreement, particularly
Rule
37,
when they failed or refused to call Signal Maintainer w. R. Reustle
out to repair a signal failure on his assignment at Austell, Georgia on
September 5, 1980.
(b) Carrier should now be required to compensate Signal Maintainer
W. R. Reustle an amount equal to two (2) hours and forty (40) minutes overtime
because of the loss of work opportunity when carrier refused to call him out
to repair the signal failure and because Rule
37
was violated. (General
Chairman file: SR-200. Carrier file: SG-480)
OPINION OF BOARD: At about
3:30
A.M., Friday, September
5,
.1980, Train 154
encountered a dark signal at Austell, Georgia. This occurred
on the Claimant's assigned territory, but outside of his assigned working hours
of 8:00 A.M. to 4:00 P.M. Carrier chose not to have the signal failure repaired
until Claimant reported on his assigned hours at which time he repaired the
failure by replacing a burned - out light bulb.
It is Organization's position that the Carrier violated Rule
37
when it failed to immediately call the Claimant outside of his regular working
2-
hours to repair the signal trouble.
It is Carrier's position that no one was called, _no work was performed
and _no rule violation occurred. Carrier stated it as follows: "Certainly the
fact that a Signal Maintainer is not called represents no violation of the
Signalmen's Agreement."
This is not a new matter with these same parties. In a case between
them, Award 21728, Referee Smedley said:
Award ;Gustber 241+09
Docket Number
9G-24489
"The organization says that Claimant should have
received overtime calls rather than being directed
to fix signals when he got to work. Neither Rule,
'in that case
36
here
37,
...' or any contract
provision supports the claim. In the absence of
a contract requirement to the eontrary, the Carrier
retains the prerogative to direct when work .hall
be performed.°
Page 2
We are in accord. The burden of proof is upon the Organization to show an
Agreement violation. There has been none shown here.
FILLINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and
upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the F#ilvay 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 vas not violated.
Claim denied.
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
RATIONAL RAa.ROAD ADJUSMRT BOARD
By order of Third Division
Rosemarie Branch - Administrative Assistant
Dated at Chicago, I111nois, this 15th day of June 1983.