NATIONAL RAILROAD ALU USTMENT BOARD
THIRD DIVISION Docket Number SG-24644
Ida Klaus, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company (T&P)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the former Texas and Pacific Railroad Company:
On behalf of Signalmen G. L. Megason and J. L. Lowrance for seven hours
at one-half their straight time rate of pay account required to work on November
17, 1980, on part of the Missouri Pacific Railroad not covered by the T&P
Signalmen's Agreement. (Carrier file: K 315-213)
OPINION OF BOARD: The claim seeks a penalty payment at additional half time
for signalmen who were sent to perform work outside their
assigned territory. The claim is based on two contentions: (1) that the work
was not covered by the Signalmen's Agreement applicable to the claimants; and
(2) that it was past practice to allow additional half time for work off an
assigned seniority district.
The Carrier.cites Award No. 21182 as precedent for rejection of the
claim.
Award No. 21182, rendered by this Third Division, arose on this
property on substantially similar facts and under the same agreement as that
now before us. Identical contentions have been made in both cases. In Award
No. 21182 we held; that no agreement rule prohibited the use of a signalman for
scope work outside his seniority district or off property; and that no systemwide practice of paymen
The Organization urges that the cited Award is not applicable to the
subject claim because there is specific record evidence here of the existence
of the claimed practice.
The Board does not see from the evidence now before us a controlling
distinction between this claim and that made in the other Award. Here, as
there, the organization has failed to establish the existence of a system-wide
practice of the kind asserted to support its claim. An isolated experience in
the special situation referred to by the organization is clearly insufficient
to give rise to a system-wide custom. Award No. 21182 accordingly is dispositive
of this claim. The claim will 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:
_.__
Award Number 24733 Page 2
Docket Number SG-24644
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Dnployes 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 30th day of March, 1984