Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27642
THIRD DIVISION Docket No. SG-27531
88-3-86-3-790
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:
(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 M. J. Houston for 3 hours pay at his punitive rate of
pay account of Carrier violated APPENDIX 'P', when on July 27, 1985, it called
J. W. Murphy to assist in the repair of a switch on the Avon Maintainer territory. SD 2248."
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.
On Saturday, July 27, 1985, a Foreman was called in to work at 12
Noon. According to the Carrier, he performed "foreman duties . . . in connection with the repairs of
also on duty at this time.
The Claimant herein, a regularly assigned Maintainer, reported for
his scheduled assignment commencing at 3 P.M. It is the Claimant's contention
that the Foreman performed Maintainer duties during the period from 12 Noon to
3 P.M., and the Claimant argues that he should have been called in for this
work.
There is reference in the record alleging that the Foreman performed
and/or assisted in the "removal of a draw rod." Whether this occurred before
or after 3 P. M. is not clearly indicated. In any event, the claim fails to
indicate what duties in the Maintainer classification were allegedly performed
by the Foreman during the period of time for which the Claimant seeks pay,
other than possibly this single task. On this basis, the Board finds insufficient evidence to suppor
Form 1 Award No. 27642
Page 2 Docket No. SO-27531
88-3-86-3-790
Reference to an outdated call list is thus not significant.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. X/er - Executive Secretary
Dated at Chicago, Illinois, this 16th day of December 1988.