Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28494
THIRD DIVISION Docket No. SG-28615
90-3-89-3-36
The Third Division consisted of the regular members and in
addition Referee Eckehard Xuessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Central of Georgia Railway Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Central of Georgia
Railroad Company (CofGA):
On behalf of Signalman M. E. Dean, assigned to Central of Georgia
Signal Gang II6, assigned working days Monday thru Thursday, 10 hours per day,
for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule 18
among others, whey they failed to call Signalman M. E. Dean for 35 hours of
overtime work on January 8, 9, and 10, 1988, because of storm damage near
Opelika, AL after he had furnished Project Engineer Mulberry his phone number
where he could be reached and made himself available for this overtime work
but was not called. Signalman Dean is not the junior employee of this group
of employees who customarily work together.
(b) Carrier now be required to compensate Signalman M. E. Dean for
35 hours at his overtime rate which is the amount of overtime he was denied
because Carrier failed to call him for this overtime work when Signal Gang II6
was called out to repair storm damage on January 8, 9, and 10, 1988. GC file
CG-1-88. Carrier file SG-719."
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.
Form 1 Award No. 28494
Page 2 Docket No. SG-28615
90-3-89-3-36
The events that resulted in this Claim occurred on January 8, 9 and
10, 1988, when the Foreman of Signal Gang No. 6 called all the Gang members
except the Claimant for overtime work. The Carrier contends that it is the
normal practice for the Foreman to contact Gang members and it is the responsibility of each employe
telephone information so that they can be contacted if the need arises.
The Organization points out that, on January 7, 1988, the Carrier's
Project Engineer asked each member of the Signal Gang "...to leave a phone
number where they could be reached..." in the event of an emergency. The
Claimant submits that, because of the Engineer's request, he did not give his
telephone number to the Foreman. Clearly, there could have been a logical
misunderstanding by the Claimant because of the Engineer's request. Why else
would he ask for the phone number? On the other hand, it was unrefuted on the
property that it was the employee's responsibility to provide his Foreman with
the necessary telephone number. When this fact is weighed in conjunction with
the evidence that the other Gang members furnished the Foreman with the necessary data so that he co
the Engineer asked "everyone" on the Signal Gang to leave a phone number, we
must conclude that the Claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy Dever - Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1990.