NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 24929
THIRD DIVISION Docket Number SG-24914
Marty E. Zusman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Seaboard System Railroad
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Seaboard Coast Line Railroad Company:
(a) Carrier violated the current Signalmen's Agreement, as amended,
particular Rule 17, when it required or permitted other employees to perform
service on Mr. McGriff's assigned territory on October 25, 1981.
(b) Carrier should now compensate claimant McGriff eight (8) hours at
his time and one half rate of pay.
(General Chairman file: Claim 34-(17)-81 E. G. McGriff
Carrier file: 15-17(82-1011)GI
OPINION OF BOARD: This is a dispute in which the Claimant, Signal Maintainer
E. G. McGriff maintains that on October 25, 1981 following a
problem that occurred the previous night, the Carrier did not meet its obligations
under Rule 17 which reads in pertinent part:
"Rule 17. SUBJECT TO CALL
Employees will be free to leave their home station after
regular tour of duty. However, signal employees assigned
to or filling maintainer positions will notify the signal
supervisor and chief dispatcher, on their respective
territory, of their residence and telephone number, if
they have a telephone, and will respond as promptly as
conditions will permit, when called for service outside
of regular assigned working hours; signal maintainers and
assistant signal maintainers who desire to be off °subject
to ca11° will notify the dispatcher on their respective
division that they will not be available for calls, and
will advise him when they expect to return. Unless registered absent, as above, the regular assignee
filling such positions, who can be called by telephone
or reside within calling distance and calling facilities
are available, will be called first for trouble on their
assigned section or territory. In event regular assignee,
or employee filling the position, is not available, or
needs assistance, other available employees covered by
this agreement may be used."
Award Number 24929 Page 2
Docket Number SG-24914
On October 25, 1981, Carrier maintains that it called both telephone
numbers in an attempt to reach Claimant McGriff and that such attempts constitute
recognized procedures under Rule 17. After failure to locate the Claimant they
proceeded to contact and utilize another employe on Claimant's assigned territory
in complete compliance with the Agreement in force. The Claimant maintains that
he had not signed off, was available for duty and as the Supervisor was aware of
his attendance on Sunday at Church related activities and that installation of a
switch not being an emergency, the Carrier did not truly attempt to contact him as
the alleged call occurred when he was at church and the majority of work occurred
after he was home in the afternoon.
After careful review of the record as handled on the property the Board
firmly holds that Rule 17 does not obligate the Carrier to go beyond calling the
telephone number(s) requested by the employe and that this the Carrier did on two
occasions. The Board can find nothing in the record to substantiate Agreement
contravention by the Carrier in its failure to make a reasonable effort to contact
Claimant. There is nothing herein which was presented on the property to substantiate
a violation of Rule 17 by the Carrier and therefore the claim must be denied.
This is consistent with past Awards of the National Railroad Adjustment Board (see
Third Division Award 16288).
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:
low
J. Dever - Executive Secretary
Dated at Chicago, Illinois this 30th day of July 1984.