Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27494
THIRD DIVISION Docket No. SG-27158
88-3-86-3-224
The Third Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Eastern Lines)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Southern Pacific
Transportation Company (Eastern Lines):
Claim on behalf of P. Gotthardt and R. L. Polasek for violation of
Article VIII, Rule 800, Section (b) of the Signalmen's Agreement when Carrier
Officer refused to allow
those employees
off work
to
perform union work and
thereby interferred (sic) with their rights to represent employees
under the
Brotherhood's Agreement. Carrier file 31-45-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.
The Claimants herein are Signalmen and serve respectively as Local
President/Local Chairman and Trustee of the Organization's Local Lodge. Both
Claimants had been granted permission to be absent to attend a Local Lodge
meeting on January 18, 1987.
On January 16, 1987, the Claimants sought permission to be absent
also for half-days on January 17 "for the expressed purpose of doing Union
business." (The Organization states that the purpose was to participate in an
annual financial audit of the Local Lodge books.) Permission for these
half-day absences was denied.
The Organization argues that such denial was in violation of Rule 800
(b), as well as the Railway Labor Act and seeks from the Board a "cease and
desist" order, a letter from the Carrier stating the "Carrier's future intention" and a letter of ap
Form 1 Award No. 27494
Page 2 Docket No. SG-27158
88-3-86-3-224
Rule 800 reads, in pertinent part, as follows:
"(b) Employees serving as duly accredited
representatives of employees covered by this
Agreement will be granted necessary leave of
absence and given the same consideration in grant
ing necessary free transportation as is given other
such representatives for the purpose of handling
grievances between employees and the railroad.
(c) Committees representing employees covered
by this agreement will be granted the same consid
eration as is granted committees representing em
ployees in other branches of the service.
(d) All conferences between Carrier officials
and Local Chairmen or Local Committeemen of the
Brotherhood of Railroad Signalmen will be held dur
ing regular working hours without loss of pay to
the Local Chairman or Local Committeemen."
It is axiomatic that the Board must confine itself to examination of
an alleged rule violation and lacks jurisdiction to consider purported vio
lations of the Railway Labor Act. As argued by the Organization, Rule 800(b)
does mandate that organization representatives "will be granted necessary
leave of absence" (emphasis added). This does not permit Carrier discretion.
However, the mandate in Rule 800(b) is qualified by the phrase "for the pur
pose of handling grievances between employees and the railroad." This phrase
must not be misconstrued as applicable to conferences between Organization
representatives and Carrier officials, since Rule 800(d) addresses such con
ferences.
It must be concluded, therefore, that Rule 800(b) mandates a leave of
absence "for the purpose of handling grievances" apart from conferences between Carrier officials an
for January 17 was not in relation to handling grievances. Thus, no rule
violation may be found.
From the record, however, it is clear that the parties involved here,
as generally true in such relationships, do recognize the need for representatives to absent themsel
offices. This, however, is a matter of mutual understanding which must consider the underlying right
instance, there was an obvious conflict between representational duties, Carrier work requirements,
can only suggest (but not require) that the parties review the subject to
establish guidelines. As stated above, however, no violation of Rule 800 (b)
is found.
Form 1 Award No. 27494
Page 3 Docket No. SO-27158
88-3-86-3-224
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
N~ J. v -Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.