NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-24882
Marty E. Zusman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Central of Georgia Railroad Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Central of Georgia Railroad Company:
That the Company be required to comply with Rule 60 of the Signalmen's
Agreement with respect to the signal maintainers headquartered at East Point,
Georgia. (General Chairman file: CG-63. Carrier file: SG-5071
OPINION OF BOARD: This is a contract interpretation dispute involving whether
or not the facilities provided at East Point, Georgia meet
with the requirements of Rule 60 of the Signalmen's Agreement which reads as
follows:
"Rule 60. Tool houses shall be provided at the headquarters
of each
maintenance section
and shall be kept in good and
sanitary condition. They shall be properly heated'and
lighted. Desks, chairs and lockers shall be provided. The
same provision shall be made for drinking water, ice and
toilets as provided for other employes at these locations."
The instant dispute was filed in a letter dated April 17, 1981 and
during the handling of this grievance on property much of the initial complaint
was remedied. Problems with the tool house as provided to employes was noted.
In an inspection held jointly by the General Chairman and Carrier's representatives
on October 8, 1982, agreements were reached to make corrections, alterations,
and changes to the tool house. Hover, the dispute could not be settled on
property because of an impasse reached over whether or not Rule 60 requires
that ice, water and toilet facilities be provided at the tool house as organization
maintains, or that they be available in the area as Carrier maintains.
In the case presently at bar Carrier provides water and toilet facilities
at its Industry Yard Office over a mile from the tool house provided as headquarters
for the signal maintainers. After a thorough and careful reading of the Rule,
this Board notes that the language of Rule 60 is specifically ambiguous as to
whether the key section which reads "The same provision shall be made for drinking
water, ice and toilets as provided for other employes at these locations,"
refers to including the same facilities _in the tool house as exist for other
employes at these locations or simply having the facilities available to tool
house employes as to other employes at the same location. The organization
maintains it is the former while the Carrier maintains it is the latter interpretation
which is intended. In the handling of this case on property, no evidence of
past practice supporting Organization's claim is presented.
Award Number 24964
Docket Number SG-24882
Page 2
The weight of the evidence for any claim is the responsibility of the
moving party. Where a contract is vague and language allows a broader interpretation
this Board must permit such actions which do comply with the language presented.
Without evidence of past practice, Carrier is not required under Rule 60 to
restrict water, ice and toilet facilities to a single building and specifically
the tool house. This Board can find nothing in Rule 60 that requires those
facilities to be in the tool house. Therefore, it is the determination of this
Board that the Carrier has not violated the rule and as such, this claim is
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 and 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 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.
Attest:
Nancy J/~er - Executive Secretary
Dated at Chicago, Illinois, this 14th day of August 1984.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division