NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number SG-24498
W. S. Coleman, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of
Railroad Signalmen on The Atchison, Topeka and Santa Fe
Railway Company that:
·1. Carrier violated current Signalmen's Agreement, particularly
Article II, Section 13-(b)-2, in not compensating Foreman EZem for planned
overtime on August 2, 1980.
2. Carrier should now be required to compensate Signal Foreman G.
S. EZem for 8 hours at time and one-half for planned work performed on August
2, 1980.· /general Chairman file: 3.13-380. Carrier file: 14-1580-180-15.7·
OPINION OF BOARD: Claimant G. S. E1em is a Signal Gang Foreman paid a monthly
salary.
On
July 30, 1980, a derailment occurred that
destroyed signal equipment. Wreckage was cleared and track work done so that
trains could move through the location the same day.
On
Saturday, August 2,
Claimant's gang worked overtime in order to have signal appurtenance ready
for installation when track work was completed. Claimant, on instructions of
his Supervisor, indicated on his time card that his Saturday, August 2, work
was done on planned overtime. Carrier did not pay the overtime on the theory
that Claimant was a monthly paid employe and, as such, he does not get paid
above his monthly salary for incidental overtime. The pertinent Agreement
language is as follows:
ARTICLE 13 b(2)
(b) Signal Inspectors or Signal Foremen will be paid at the rate
of time and one-half only for services rendered as follows:
(2) Signal Foremen, in charge of gangs which are regularly assigned
to and which work more than eight hours a day Monday through
Friday and/or Saturday, shall be paid additional compensation
on the basis of one and one-half times their hourly rate for
such time as such gangs are assigned to and work in excess
of eight hours per day. No additional compensation is to
be paid the Signal Foreman for any incidental overtime in
excess of the regular assignment that may be worked by the
gang under his jurisdiction.
Award Number 25376 Page 2
Locket Number SG-24498
This Board has reviewed the facts of the instant case and does not
agree with Carrier's analysis of the case. We are not persuaded that overtime
work planned days in advance, as is the case here, meets the requirements of
incidental or emergency overtime. Given the facts as presented in this record,
it must be concluded that Claimant's Supervisor was correct when he instructed
Claimant to submit his time on Saturday, August 2, 1980, as planned overtime.
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 violated.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. r - Executive Secretary
Dated at Chicago, Illinois this 15th day of April 1985.