Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27829
THIRD DIVISION Docket No. SG-27602
89-3-87-3-246
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Detroit, Toledo and Ironton Railroad Company (DTI)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Detroit,
Toledo and Ironton Railroad Company (DTI):
On behalf of SSC Maintainer F.V. Bratton, headquartered at Flat Rock,
Michigan, assigned hours 7:30 A.M. to 4:00 P.M. assigned meal period 11:30
A.M. to 12:00 Noon; assigned rest days Saturday and Sunday; assigned territory
the DT&I System.
(a) Carrier violated the parties' Schedule Agreement, as amended,
particularly Rule 60 as evidenced by past practice, when on or about January
9, 1985, Claimant was required to sign payroll deduction order No. 38144 approving a deduction from
protest.'
(b) Carrier now be required to reimburse S&C Maintainer F.V. Bratton
$44.00 for the violation referred to in part (a) above."
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 Claimant is employed as a Signal Maintainer headquartered at Flat
Rock, Michigan. Claimant broke his prescription safety glasses and put in for
a new pair through Carrier's purchase procedures. When the glasses were
delivered to Claimant, he was required to sign a payroll deduction form so
that the cost of the glasses ($44) could be taken out of his pay over three
pay periods.
Form 1 Award No. 27829
Page 2 Docket No. SG-27602
89-3-87-3-246
Claimant signed the payroll deduction form under protest and filed a
Claim to recover the $44. The Claim was denied at each step by Carrier and
has been placed before the Board for final resolution.
The Organization contends that for many years prior to the takeover
of the DTI by the GTW, Carrier always supplied safety glasses free of charge.
The Organization relies on Rules 60 and 13 to support its position:
"Rule 60. The Railroad Company will furnish the
employe such tools as are necessary to perform
their work, except such small tools as are
customarily furnished by skilled workmen."
"RULE 13. Safety glasses will be worn at all times
while on the company property by all employes of
the Maintenance of Way Department (Signal 6 Communication, Track and B&B)
...."
Carrier contends that even if the DTI did supply safety glasses at no
cost, the policy was not required by Agreement and could be changed by Management, as it deemed appr
This Board has reviewed the record and the numerous cases presented
on both sides. The Board is in Agreement that a bona fide past practice gives
meaning to an ambiguous contract term or rises to the level of a Rule if no
Rule exists. The Board is not, however, persuaded that a past practice of supplying prescription saf
deny the instant Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.