NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25116
Martin F. Scheinman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
(Former St. Louis-San Francisco Railroad)
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on Burlington Northern Railroad Company.
Carrier violated the Signalmen's Agreement by unilaterally changing
the established working hours of Signal Maintainer B. C. Alexander on December
14, 1981. Claimant Alexander should be allowed five hours additional compensation
at his overtime rate, beginning December 14, 1981, for each day of the violation
and
continuing until
his established working hours are restored. (General
Chairman file: F-81-291. Carrier file: SI 82-4-17A).
OPINION OF BOARD: Claimant, B. C. Alexander, held the position of Signal
Maintainer in Weber Groves, Missouri. Prior to this dispute,
Claimant's hours of service were 12:00 noon to 8:00 p.m. with rest days of
Wednesday and Thursday.
A Second Signal Maintainer position existed at Weber Groves. Its
hours of service were 7:00 a.m. to 3:00 p.m. with rest days of Saturday and
Sunday.
On or about November 14, 1981, the incumbent of 7:00 a.m. to 3:00
p.m. position was promoted. Thereafter, on December 8, 1981, Claimant received
notice that his hours of service were being changed to 7:00 a.m. to 3:00 p.m.
His rest days remained constant.
The organization contends that Carrier's unilateral change of Claimant's
hours violates Rules 15, 20 and 36. The Organization seeks 5 hours overtime
pay for each day that Claimant worked these changed hours.
Carrier, on the other hand, denies that it violated the Agreement.
It also asserts that the Rules cited by the Organization are not apposite.
Rather, in Carrier's view, a mere change in hours, when it determined that two
Maintainers were no longer needed, does not constitute an occasion which requires
rebulletining of the position. It also insists that no vacancy was created in
the instant case.
There is no question that a Carrier has broad discretion to assign
work in accordance with its business requirements (see Award No. 13802). This
discretion may be limited only by an explicit agreement rule.
Award Number 25179 Page 2
Locket Number SG-25116
Here, Carrier determined that its interests would be served by having
a single Signal Maintainer working 7:00 a.m. to 3:00 p.m. Nothing in the Agreement
precluded Carrier from exercising this discretion. Thus, Carrier's action was
not improper.
As to the argument that a new bulletin was necessary because of the
change of hours, this contention is also without merit. Rule 41 specifies the
events which obligate Carrier to rebulletin a position. They are a change in
rest days, location of headguarters, pay basis, or a material alteration of
territorial limits. Obviously, none of these triggering events occurred here.
As such, the Organization's attempt to require a rebulletining of the position
must also fail.
Accordingly, and for all of the foregoing reasons, the claim must 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;
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 J Deter - Executive Secretary ___
Dated at Chicago, Illl/inois, this 14th day of December 1984. ' `~ w
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