Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27583
THIRD DIVISION Docket No. SG-26895
88-3-85-3-671
The Third Division consisted of the regular members and in
addition Referee Edward L. Suntrup when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation (Conrail)
STATEMENT OF CLAIM:
"Case No. 1
Claim on behalf of G. J. Lowe, 991929 Signalman C&S Gang HCR 4 with
headquarters at Lemo C&S building, Lemoyne, PA.
A. Claim that the Company violated the current Agreement between
Consolidated Rail Corporation and Brotherhood of Railroad Signalmen, particularly Rules 4-B-2(b) and
S. L. Casner, Signalman CSS Gang HCR 4, a junior Signalman to help renew a
6600 volt transformer at Jeb Interlocking on Harrisburg Division.
September 3, 1984 6:00 AM - 3:30 PM 9.5 hours
B. Claim that since G. J. Lowe, was not given the opportunity to
perform the extra duty mentioned above, that he be paid a total of nine hours
and thirty minutes at the time and one half rate of pay for Signalmen.
Carrier file: SD-2173.
Case No. 2
Claim on behalf of R. E. Evertts, Jr., 037878 Maintainer C&S, Section
306 with headquarters at Lemo C&S building, 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 C&S, Rockville Tower to clear
trouble at Day Tower (creek) on 31 Switch which is on Maintainer Evertts
Section 306.
October 11, 1984 6:30 PM - 9:30 PM 3 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"
Form 1 Award No. 27583
Page 2 Docket No. SG-26895
88-3-85-3-671
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.
This docket combines two different claims which are somewhat similar.
Case No. 1
A pay claim was filed on October 24, 1984, on behalf of Claimant on
the grounds that the Carrier was in violation of Rule 4(B)(2)(b) and Appendix
"P" of the Agreement when it used a Signalman junior to the Claimant to
...help renew a 6600 volt transformer at Jeb Interlocking on (the) Harrisburg
Division." The work was done on September 3, 1984, from 6:00 AM-3:30 PM at
premium pay. In its various denials of the claim the Carrier states, first of
all, that all possible attempts were made to contact the Claimant both by his
foreman and by the Trouble Desk at a telephone number on file. There was no
answer. The Carrier cites Rule 7 of Appendix "P" which requires that an
employee furnish a valid telephone number for any work outside their regular
tour of duty. By not providing such number the Carrier argues that the Claimant was in violation of
claim. On December 26, 1984, one of the Carrier's Managers of Labor Relations, however, gave a diffe
this officer, the claim was denied because the Claimant was on vacation for
the week of the date in question and "...by past practice employees on vacation are not called for o
The Organization, in its final appeal prior to docketing this claim
before the Board, states that if the Carrier had called the number on file the
caller would have received a recorded message with information about a correct
forwarding number. The intimation here is that the calls may never have been
made to the Claimant for the September 3rd overtime. The Organization also
underlines that the Carrier had, in fact, called another Signalman on the date
in question to do overtime work and this employee was also on vacation. Thus
the Organization concludes that "...just because (the Claimant) was on vacation (which is not denied
during that week."
Form 1 Award No. 27583
Page 3 Docket No. SG-26895
88-3-85-3-671
In studying the record the Board notes that the Carrier does use two
different arguments to deny the claim. These arguments, however, are not
necessarily contradictory. The Manager of Labor Relations, in his December,
1984, letter never states that attempts were not made to contact the Claimant
for the September 3rd work. He simply states an argument about what he considered to be past practic
contests that such was a practice, or at least a consistent practice. The
Board will not take a position on this issue. It is not necessary to do so in
order to rule on the merits of this claim. The merits of the claim must center on whether attempts w
his privileges on the seniority roster, to do the work at bar. The Carrier
states that both the foreman and the Trouble Desk attempted to call the number
on file. There was no response. This was just prior to when the work was to
be done on September 3rd. Not until the final appeal of the claim some ten
months later does the Organization bring up the fact that there was an answering machine on the Clai
unclear to the Board why the Claimant did not provide the Organization with
this information when the claim was first filed. Given the total record before it the Board must rea
that the answering machine was installed after the date for which the pay
claim is made. Since such is so the evidence required by the Claimant as
moving party in this case does not sufficiently meet the criteria of substantial evidence and the cl
also because of the lack of corroborating evidence of any kind in the record
to the effect that the supervisor and/or Trouble Desk would have fabricated
information about attempted calls made to the Claimant. Indeed grounds for
such motives are completely lacking in the record.
Case No. 2
On October 24, 1984, a claim was also filed by the Organization on
behalf of Claimant on the grounds that the Carrier had been in violation of
the same provisions of the Agreement and the same Appendix "P", as was the
alleged Case No. 1 whose claim is discussed and ruled upon in the foregoing.
In this case the Organization alleges that the Carrier used the wrong Signalman to "...clear trouble
Claimant's) Section 306." Since it is the position of the Organization that
the Claimant should have been used they are requesting three (3) hours at
overtime rate which is the amount of time it took to do the work on October
11, 1984. The Carrier's reasons for denying the claim in this case are
different than the reasons proffered in Case No. 1. In this case the Supervisor of CAS states that t
31 switch at Creek was done on straight time by a Maintainer C&S on his normal
tour of duty." The denial letter goes on to say that the Agreement provision
and Appendix cited only apply to overtime and "...calling employees outside
regular working hours" and that such did not happen here. The Carrier, in
later letters of denial, states that the records show, furthermore, that no
overtime "...wages were paid to clear trouble at 31 Switch, Day Tower."
Form 1 Award No. 27583
Page 4 Docket No. SG-26895
88-3-85-3-671
In its final appeal on property the Organization does not deny that
the work was done at straight-time pay by a "...trouble track maintainer
during his regular tour of duty." The argument advanced, however, is that the
track maintainer was doing work out of his section, on regular duty, whereas
the work should have been done by the Claimant on overtime basis. The Organization states that "...(
work on October 11, 1984 was not on (the Claimant's) section where he is the
regular assigned maintainer."
The thrust of the Organization's reasoning in Case No. 2 is that the
Claimant had exclusive jurisdiction over all signal work in Section 306. The
Board has searched the record for Agreement justification for this position
and it can find none. This Board has always held, in the past, that as a
general principle Carriers retain managerial prerogatives to assign various
personnel on regular assignment to accomplish various jobs unless restricted
by contract from doing so (Third Division Awards 19596, 21617, 25128 inter
alia). As moving party in this case the organization has not sufficiently met
the burden of proof that all signal work in Section 306 was his exclusively.
(Second Division Awards 5526, 6054). The claims must, therefore, be denied.
A W A R D
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy ~/fib4er - Executive Secretary
Dated at Chicago, Illinois, this 29th day of September 1988.