Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27181
THIRD DIVISION Docket No. SG-26862
88-3-85-3-635
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Consolidated Rail
Corporation (Conrail):
On behalf of R. E. Evertts, Jr., 037878 Maintainer CSS, Section 306
with headquarters at Lemo C&S Bldg., Lemoyne, PA.
A. Claim that the Company violated the Current Agreement between
Consolidated Rail Corporation and Brotherhood of Railroad Signalmen, particularly Rule 4-B-2(b) and
below they used T. J. Finegan, Maintainer CSS, Rockville Tower, to clear
trouble at Day Tower (Creek) on the 31 switch, which is on Maintainer
Evertts' Section 306.
October 22, 1984 - 6:30 PM - 9:30 PM - 3.0 hours
B. Claim that since R. E. Evertts, Jr., was not given the opportunity to perform the extra duty
three (3) hours at the time and one-half rate of pay for his present position,
which is stated above. Carrier file #SD-2174."
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 employees 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.
Claimant is employed as a Maintainer C&S by Carrier, at Lemoyne, Pa.,
with an assigned territory of Section 306. On October 22, 1984, a junior
Maintainer was used to clear trouble at a location within Section 306. The
Organization thereafter filed a claim on Claimant's behalf, challenging Carrier's use of the junior
Form 1 Award No. 27181
Page 2 Docket No. SC-26862
88-3-85-3-635
This Board has reviewed the evidence in this case, and we find that
the current Agreement and Appendix P, Rules 6 and 8, require that a regularly
assigned maintainer should be the first on the call list for overtime work in
his assigned territory. Therefore, the Claimant, who was the regularly
assigned signal maintainer, should have been called to perform the overtime
work in his assigned territory. Consequently, the Carrier violated the Agreement.
With respect to the remedy, as in Third Division Award 17743, Claimant is entitled to receive th
performed the overtime service. Rule 4-B-2(b) stipulates payment at the time
and one-half rate. Therefore, the claim must be sustained.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: _
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 23rd day of June 1988.