Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28123
THIRD DIVISION Docket No. SG-28106
89-3-87-3-683
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:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the National
Rail Passenger Corporation (Amtrak):
On behalf of Mr. J. M. Lenart, Signal Foreman, C&S Department.
A. The Carrier has violated the current Signalmen's Working Agreement, particularly Article 2, S
is required by the Carrier to be performed on a day which is not part of any
assignment, it may be performed by an available unassigned employee who will
otherwise not have forty hours of work that week; in all other cases by the
regular employee.
B. On May 23, 1986 between the hours of 3:00 p.m. and 3:30 a.m., a
total of twelve hours and thirty minutes, Mr. J. Fowler, Signal Foreman, was
asked to work overtime at 'JO' Tower, New York. The Trouble Desk, manned by
Mr. J. Dahlstrom, was directed by Mr. J. Karp, Assistant Division Engineer, to
call Mr. Fowler and Mr. Zamparelli and their men to work at 'JO'. Mr. Lenart
and his men were available for work and were not instructed to do so by a Carrier Officer who should
seniority order.
C. Based on the above facts and the Carriers violation of the Working
Agreement, we the Brotherhood of Railroad Signalmen feel that Mr. Lenart
should be compensated for twelve hours and thirty minutes of pay at the rate
of time and one-half, the current Signal Foreman rate of pay. Carrier file
NEC-BRS-SD-252."
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.
Form 1 Award No. 28123
Page 2 Docket No. SG-28106
89-3-87-3-683
Parties to said dispute waived right of appearance at hearing thereon.
On the morning of May 23, 1986, there was a fire at the JO Interlock-
ing Tower in New York City. Carrier needed all available employees to work
the emergency caused by the fire that day. The trouble desk attempted to call
all employees and notify them that their services were needed at JO Tower for
overtime work. Claimant, was called but could not be contacted. A message
was left at his headquarters indicating that overtime work was available at JO
Tower. Claimant never received the message. The organization contends that
Carrier has an obligation to make a reasonable effort to contact employees
eligible for overtime work and that, in this case, an effort was not made and
men younger than Claimant were used to perform the overtime work.
This Board has reviewed the total record of this case. Based on that
review, we must conclude that Carrier exerted every reasonable effort to contact all available emplo
get the message. That was his fault, not Carrier's.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J,,Wer - Executive Secretary
Dated at Chicago, Illinois this 25th day of September 1989.