Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26817
THIRD DIVISION Docket No. SG-25768
88-3-84-3-211
The Third Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
(Eastern Lines)
STATEMENT OF CLAIM: "Claims of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation
Company (Eastern Lines):
Claim No. 1. Carrier file: 406-64-A
On behalf of K. A. Reagan and G. Howard, Signalman, for nineteen
hours' overtime pay account on August 19 and 20, 1983, Carrier used junior men
from the shop gang for overtime work.
Claim No. 2. Carrier file: 406-63-A
On behalf of R. Ramos, Signalman, for thirty-three and one-half
hours' overtime pay account on August 19, 20 and 21, 1983, Carrier used a
junior man from the shop gang for overtime work.
Claim No. 3. Carrier file: 406-66-A
On behalf of K. L. Simms, Signalman, for fourteen hours' overtime pay
account on August 21, 1983, Carrier used a junior man from the shop gang for
overtime work.
Claim No. 4. Carrier file: 406-65-A
On behalf of S. L. Salazar, Leading Signalman, for fourteen hours'
overtime pay account on August 20, 1983, Carrier used a junior man from the
shop gang for overtime work. [Carrier file: 406-64-A]"
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Form 1 Award No. 26817
Page 2 Docket No. SG-25768
88-3-84-3-211
The parties consolidated four claims, which they separately progressed on the property, into a s
because the claims involve common issues of fact and contract interpretation.
While each claim concerns an alleged violation of Rule 307, it is best to
analyze this case in chronological fashion. The facts are slightly different
on each claim date.
On Thursday, August 18, 1983, Hurricane Alicia caused extensive
property damage in the Houston-Galveston, Texas area. Some residents were
without power or telephone service for several days thereafter.
On Friday, August 19, 1983, Claimants Reagan, Howard and Ramos
protected their regular assignments at the Houston Signal Shop. During
regular working hours, the Carrier assigned three Shop Signalmen junior to
Claimants to help a Signal Maintainer repair hurricane damage to the.Carrier's
signal system at various locations throughout the Houston area. After their
regular shift, the junior Signalmen worked a substantial number of overtime
hours. Claimants did not perform any overtime work on August 19, 1983. The
Carrier did not assign Claimants to perform the overtime work for two reasons.
First, the overtime work flowed from and was contiguous to the junior Signalmen's regular duties for
costs and loss of time it would have incurred if the Signal Maintainer had
interrupted his work to travel back to the Shop (to release the junior
workers) and returned to the field work site with Claimants. The Carrier did
not challenge Claimants qualifications to perform the overtime work.
Rule 307 reads:
"Where Signal, Shop or Maintenance gang
employees are required to work overtime, the
senior employee in a class in the gang who can
perform the work shall be given preference to
such overtime work."
On this property, Public Law Board No. 3345 interpreted and applied
Rule 307 in an analogous situation. In Award No. 3, Public Law Board No. 3345
decided that Rule 307 contains express, mandatory language that the Carrier
assign overtime work to the available senior worker provided he was qualified.
Specifically, the Board did not find any implied exception based on economic
efficiency. Under the doctrine of stare decisis, we are bound by a definitive
interpretation of the same rule between the same parties. Even though the
overtime was a continuation of the junior employees' regular duties and it
would have been cumbersome to exchange Claimants for the junior employees at
the end of the shift, Rule 307 obligated the Carrier to give Claimants a
preferential opportunity to work the overtime. Moreover, the Carrier could
have foreseen (when it originally assigned the junior Shop Signalmen to assist
the Maintainer) that the assignment would entail overtime work. It was aware
that the hurricane had caused extensive damage to its signal system necessitating lengthy repair wor
inefficiency associated with exchanging employees at the conclusion of the
Form 1 Award No. 26817
Page 3 Docket No. SG-25768
88-3-84-3-211
August 19, 1983, shift simply by assigning Claimants to work with the Maintainer at the start of
Award No. 5. Claimants are entitled to be compensated for the number of
overtime hours worked by the three junior employees. Since Claimants are
being compensated for time not worked, they should be paid at the straight
time rate.
August 20, 1983, and August 21, 1983, were rest days for Claimants
Reagan, Howard, Ramos, Simms and Salazar. Shop gang employees with less seniority than the four Clai
damage. The Carrier asserted that it unsuccessfully attempted to contact
Claimants Reagan, Howard, Ramos and Simms. It did reach the residence of
Claimant Salazar but he was not home and did not return the Carrier's telephone call. On the other h
tendered written statements attesting that they were home on the dates in
question, and that their telephones were functioning. The Organization
shoulders the burden of proving the salient facts underlying its claim. When
confronted with an irreconcilable conflict over a material fact, we must
resolve the conflict against the party holding the burden of proof.
To reiterate, the claims covering overtime work performed on August
19, 1983 are sustained to the extent specified in our Findings. The remainder
of the claims are denied.
A W A R D
Claims sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: i
Nancy J D er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.