NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number SG-24367
Herbert L. Marx, Jr., Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Louisville and Nashville Railroad Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Louisville and Nashville
Railroad Company:
On behalf of Signal Maintainer F. W. Wolf for pay for a total
19 hours and 30 minutes overtime on April 8, 10, 14, and 15, 1980 and on
behalf of Signal Maintainer T. W. Na11ey for pay for a total of 8 hours
overtime April 10 and 15, 1980, account not used on vacancy in Strawberry
Yard, Louisville, Kentucky, pursuant to agreement signed April 29, 1977, to
become effective May 1, 1977." (Carrier file: G-265-9 G-30)
OPINION OF BOARD: Among positions in a group of Signal Maintainers assigned
around the clock at Strawberry Yard, Louisville, was one
relief position. This position in actuality provided relief for unscheduled
Signal Maintainers on two days a week but not on the other three days.
Occupant of the relief position was absent for a period of time
owing to an on-duty injury. Carrier filled the position with overtime on such
days that relief for 24-hour-a-day coverage was required but did not schedule
other Signal Maintainers on overtime to cover the remainder of the relief
position's schedule.
The organization argues that the Carrier was in violation of the May
1, 1977 Memorandum Agreement covering this operation which reads in pertinent
part as follows:
"Where overtime is required of employees in the Louisville Terminals,
or where an employee lays off duty, or where an employee needs assistance,
it is agreed that the overtime will be assigned or the vacancy will
be filled as follows:
A. As pertaining to Strawberry Yard:
...
3. Shift maintainers shall have preference to vacancies occurring
on the rest days of their assigned shifts. In all other instances
of overtime or vacancies, seniority shall prevail among other shift
and relief shift maintainers."
Award Number 24583 Page 2
Locket Number SG-24367
The Board does not agree that this Memorandum Agreement requires the
Carrier to create overtime under the particular circumstances herein. The
Carrier did provide for 24-hour-a-day coverage by scheduling overtime on two
days. The introductory sentence to the Memorandum Agareement posits three
conditions when "overtime will be assigned or the vacancy will be filled".
The days on which the relief Signal Maintainer would have been on duty at the
same time as another Signal Maintainer simply do not meet these prerequisites.
Carrier presented uncontroverted evidence that identical situations
had been handled in the same manner without protest.
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 Employes 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 15th day of December 1983.
