Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28203
THIRD DIVISION Docket No. SG-28297
89-3-88-3-56
The Third Division consisted of the regular members and in
addition Referee George E. Roukis when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Indiana Harbor Belt Railroad Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Indiana
Harbor Belt Railroad Company (IHB):
On behalf of Signal Maintainer M. R. Lewman, headquartered at Blue
Island Hump Yards, that:
(a) Carrier violated the parties' Signal Agreement, as amended, particularly Rules 4-G-1, 4-A-3(b) a
1986, Claimant had his position changed from a third shift position to a first
shift position, which resulted in a change of his starting time and assigned
rest days during the period November 3 through November 14, 1986.
(b) Carrier should now be required to allow Signal Maintainer M. R.
Lewman the difference between his straight time rate of pay of $13.45 per hour
and overtime rate of pay of $20.175 per hour for the period referred to above,
which represents 72 hours X 6.725 or $484.20." General Chairman's file 86-55IHB; Carrier file S-87-2
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 basic facts of this case are set forth as follows. Claimant was
initially employed as a Signal Maintainer at Carrier's Blue Island Hump. His
assigned hours were 7:00 AM - 3:00 PM with Wednesday and Thursday as his rest
days. On October 8, 1986, Carrier advertised a new Signal Maintainer position
identifed as Position 463 and pursuant to the Schedule Agreement issued Bulletin #/18. Position 463
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Form 1
Page 2
Award No. 28203
Docket No. SG-28297
89-3-86-3-56
11:00 PM - 7:00 AM. Sunday and Monday were rest days. On October 27, 1986,
Carrier issued Bulletin #18A, wherein it awarded Position 463 to Claimant, effective November 4, 198
Bulletin ##18B, designated correction notice, wherein it noted that Bulletin
##18A should have read "Awarded to M. R. Lewman effective November 3, 1986 with
two (2) weeks of Temporary duty as follows:
Assigned Hours
Rest days
Headquarters
7:00 AM to 3:00 PM
Friday and Saturday
Argo Yard Office"
The purpose of the correction was so that Claimant could familiarize himself
with the territory and responsibilities of the night maintainer assignment.
For the two (2) weeks period, Claimant performed the duties of the temporary
assignment and was then apprized by Bulletin ##18C, dated November 12, 1986,
that he was to report to his permanent position, (Position 463) effective,
November 14, 1986.
The Organization later filed a Claim on December 6, 1986, wherein it
charged that Carrier violated Rule 4-G-1 when it (Carrier) changed the shift
time of the awarded position. In other words, the Organization asserted that
temporarily modifying the shift time of Position 463 was a violation of Rule
4-G-1.
By letter dated January 2, 1987, Carrier denied the Claim, arguing
that Claimant acquiesced to the shift change when he elected to retain his
position rather than exercise displacement rights in accordance with Rule
2-A-4. It was Carrier's position that it made no change in the shift or other
advertised working conditions in Position 463 after the date the position was
established and after the date it became Claimant's regular position on the
effective date of the Award (November 3, 1986.) In essence, Carrier contended
that Rule 4-G-1 has no applicability to situations where a position has not
come into existence and where an employee has not occupied the position.
As the Claim progressed, the Organization also asserted that Carrier
violated Rules 4-A-3(b) and 4-B-4(b). For ready reference, the Rules cited by
parties are reproduced as follows:
"4-G-1. An employee changed by direction of the management from his regular position to another
at the time and one-half rate for work performed until
returned to his regular position.
4-A-3. (b) The starting time of employees shall not be
changed without first giving the employees affected five
(5) calendar days notice with copy to Local Chairman.
The starting time shall not be temporarily changed for the
purpose of avoiding overtime.
4-B-4. (b) Employees will not be required to suspend work
during regular working hours to absorb overtime.
Form 1 Award No. 28203
Page 3 Docket No. SG-28297
89-3-86-3-56
2-A-4. An employee may elect to retain his position or
within ten (10) calendar days exercise displacement rights
if changes occur in any of the following conditions of his
position: (a) Assigned rest day or days; (d) Assigned
tour of duty . . . (Emphasis supplied.)
In considering this case, the rules cited by the parties are clear
and readily applicable to specific relevant situations. If an employee for
example, is directed by management to work another shift, he is entitled to
the compensatory benefits of Rule 4-A-1. Similarly, an employee may elect his
alternative options under Rule 2-A-4, if specified changes occur in the conditions of his position.<
In the case herein, the defining question is what position did Claimant actually hold on Novembe
assignment, effective that date, he relinquished his Signal Maintainer's position (#465) at Blue Isl
work another shift. In essence, he began a new position on November 3, 1986.
Since the hours of the new position (#463) were scheduled or advertised by Bulletin #18, to run from
indication that prior newly established positions were first filled by short
term temporary assignments, the Board of necessity, must conclude that Rule
4-A-1 was violated when Claimant worked the temporary hours of the new position. It was the new posi
of his former position or another position that he was assigned to work. For
these reasons, we must sustain the Claim.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D~c~- Executive Secretary
Dated at Chicago, Illinois, this 20th day of November 1989.