NATION& RAILROAD ADTUS S(ENT BOARD
TBIRD DIVISION Docket Number SG-24525
Wward L. Suntrup, Referee
(Brotherhood of Railroad Signalmen
PARTIES 1n DISPUF3:
(Southern Railway Company
STATE CP CLAli:'Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Railway Coapsnyy et al:
(a) Ogrrier violated the provisions of Role 37, effective May 1,
197$ revised August 7, 1974, of the Signalmen's Agreement, when they failed
or refused to call Signal Maintainer D. A. Green, who was being held for
call on December 27 and 28, 1980, to repair a signal failure on Signal.
Maintainer D. E. Johnson's territory which joins Signal Maintainer D. A.
Green's territory on the south end. Carrier called Signal Maintainer
Johnson who was not being held for call. to clear a failure in the signal
system at Mile Post 24h.2G.
(b) Carrier should now be required to compensate Signal
Maintainer D. A. Green an amount equal to a winimre
call
of tyro (2) hours
and forty (40) minutes at his overtime rate of pay for this loss of work
opportunity and because Rule
37
of the Agreement was violated."
(General Chairman file: SR-212. Carrier file: SG-491)
OPINION OF BOARD: The instant case centers on the contention of Claimant,
Site, Maintainer D. A. Green that Carrier was in contravention of current Agreement Rule 37 w
Maintainer D. E. Johnson to repair a signal failure on the week-end of December
27-28, 1980. The instant claim assumes, by reference to Rule
37,
that the work
occurred in the territory to which the Claimant vas assigned and for which he
was held on call on the week-and in question.
An analysis of the record before the Board does not support such
M ai°
nor does it warrant conclusion that the Carrier was in violation of Rule
37
(c) or (d), nor other sub-sections when it assigned the work in question to
Signal Maintainer Johnson. Since the Claimant had no contractual right to be
called to perform the disputed work the claim is herein denied.
FINDINGS: 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 sad holds:
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 Jane 21,
1934;
Award Number
24495
Page
2
Docket Nwber
SG-24529
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 ADJUSM.YT BOARD
By Order of Third Division
ATTEST:
cy J. Dever
Executive Secretary
Dated at Chicago., Illinois., this 3rd day of August 1983.
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