Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28582
THIRD DIVISION Docket No. SG-28821
90-3-89-3-221
The Third Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: "Claim of the General Committee, Brotherhood of Railroad
Signalmen on the Southern Pacific Transportation Company
(SPTC-(WL)):
On behalf of Brother M. M. Martignetti for four hours pay at his
overtime rate of pay, account of the Carrier violated the current Signalmen's
Agreement, as amended, particularly Rule 37, when it failed to call him for
overtime on his territory on March 28, 1988." Carrier file SIG-148-361.
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.
This dispute arose because the Carrier called and assigned work,
located in the Coast Seniority District, to two Signal Maintainers located in
the Western Seniority District. There is no dispute that the work belonged to
Maintainers on the Coast Seniority Roster.
The Carrier, on the property, asserted that it attempted to "reach"
the Claimant as well as "others" in the Coast Seniority District. Because it
was unable to locate anyone in that District, it contacted the two Signal
Maintainers in the Western Seniority District and assigned the work as noted
above.
We do not find sufficient evidence that the Carrier made a reasonable
effort to contact employees on the Coast Seniority District. Because evidence
of such effort is absent from the record, we find that the requirements of
Rule 19, Subject to Call, have not been met. Therefore, the Claim is sustained.
Form 1 Award No. 28582
Page 2 Docket No. SG-28821
90-3-89-3-221
With respect to the Claim for the punitive rate of pay, we reaffirm
the holdings in past Awards that have found that the appropriate rate of
compensation for work not performed is the pro rata straight time rate.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: 4~z'
Nancy J. a -Executive Secretary
Dated at Chicago, Illinois, this 16th day of October 1990.