Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28583
THIRD DIVISION Docket No. SG-28827
90-3-89-3-270
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:
(Consolidated Rail Corporation (CONRAIL)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Consolidated
Rail Corporation (CONRAIL):
On behalf of T. M. Morris 045480, Maintainer C 6 S Trouble Truck,
with headquarters at Division Street, Harrisburg, Penn.
(a) Claim that the company violated the current Agreement between
Consolidated Rail Corporation and Brotherhood of Railroad Signalmen, particularly, APPENDIX 'P', Rul
failed to call Maintainer Morris to clear trouble on the crossing protection
at Railroad Street, Hummelstown, Penn. on the Harrisburg Line.
(b) Claim that Maintainer Morris be paid three (3) hours at the time
and half rate of pay for Section 13." Carrier file SD-2522.
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 is a dispute that came about because the Carrier did not call
the Claimant for overtime work on his assigned section after he had completed
his regular shift.
We find the Organization's position in this matter persuasive, because of the clear language of
is controlling in this matter. This Appendix, in pertinent part states:
Form 1
Page 2
Award No. 28583
Docket No. SG-28827
90-3-89-3-270
"Employees will be called from the appropriate list for
work in the order in which their names appear on the list"
and
"The signal maintainer assigned to that position in the
section involved ***be listed first on the calling list
for his section."
and
"A reasonable effort will be made to comply with the
procedures outlined above ***."
The evidence shows that no attempt was made to contact the Claimant.
Accordingly, while we understand the Carrier's contentions that the weather
conditions at the time when the overtime was worked were not the best, the
Carrier violated the Agreement in view of the specific language contained in
Appendix P. On the other hand, the record also shows that there has been a
practice of some standing to use a "trouble truck" concept during periods of
inclement weather, a situtation applicable to this case and, until now, apparently acquiesced in by
not barred from insisting upon compliance with the Agreement. It has done so
in this case and, by so doing, the Carrier is placed on future notice that unless the parties can re
trucks", the Rule will be strictly interpreted.
With respect to the claimed damages, we follow Third Division Awards
22148, 24434 and 25930. These have denied compensation under similar circumstances as found in this
A W A R D
Claim sustained in accordance with the Findings.
Attest:
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Nancy J. De Executive Secretary
Dated at Chicago, Illinois, this 16th day of October 1990.