Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28651
THIRD DIVISION Docket No. SG-27290
91-3-86-3-392
The Third Division consisted of the regular members and in
addition Referee Martin F. Scheinman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brother
hood of Railroad Signalmen on the Consolidated Rail Cor
portation (CONRAIL):
Claim on behalf of R. E. Laude, Signal Maintainer, headquartered at
Batavia,
N.Y.,
assigned territory Section 12; assigned hours 7:00 a.m. - 3:30
p.m. Monday through Friday; assigned rest days Saturdays, Sundays and holidays; for three (3) hours
violated APPENDIX 'P,' paragraph 6 of the current Agreement, as amended, when
on Monday, February 4, 1985, at 4:30 p.m. it used another employee to repair
signal trouble east of C.P. 429 which is located on the Section 12 maintenance
territory." Carrier file SD-2224.
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_b4s jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant is assigned as a Signal Maintainer at Batavia, N.Y. on
Section
No.
12 from Monday through Friday with assigned hours 7:00 A.M. to
3:30 P.M. The Claim arose when Carrier uied an employee not assigned to
Section 12 to repair signal circuit troubIE on Monday, February 4, 1985, at
4:30 P.M. The Organization filed a Claim on behalf of the employee for three
(3) hours at the punitive rate of pay for Carrier' a_violation of Appendix "P",
paragraph 6 of the applicable Agreement, which contains the procedure for
calling maintainers outside their normal working hours. That Rule states:
Form 1 Award No. 28651
Page 2 Docket No. SG-27290
91-3-86-3-392
"6. The Signal Maintainer assigned to that
position in the section involved will, if he
has added his name in accordance with Item 5
above, be listed first on the calling list for
his section. If more than one Signal Maintainer
have the same responsibilities and territory,
they will be listed in class seniority order."
The Organization argues that paragraph 6 had been violated when an
employee not assigned to Section 12 performed the disputed work. It further
maintains that since Claimant is regularly assigned to the Signal Maintainer's
position in Section 12, he is the first employee to be called in cases of trouble calls on that terr
in relying on Paragraph 9 is without merit. Paragraph 9 states:
"A reasonable effort will be made to comply with
the procedure outlined above but this shall not
be permitted to delay getting a qualified employee to report promptly at the point necessary
to cope with the situation."
The Organization asserts that Carrier did not make "a reasonable
effort" to comply with Appendix "P" in that no attempt was made to contact
Claimant.
Carrier, on the other hand, argues that the build up of ice and snow
on an inoperative switch would have delayed a train scheduled to arrive at
4:53 P.M. Since the C&S Trouble Desk only received the call at 4:20 P.M.,
Carrier assigned Maintainer Warren, who was on the property performing overtime work on his assignme
asserts the provisions of Paragraph 9 suspend the normal overtime calling
procedure if it would "delay getting a qualified employee to report promptly
at the point necessary to cope with the situation."
The Board has reviewed the entire recnsb and concludes that the Claim
must be denied. In view of the urgency of the situation, Carrier did not violate the Agreement when
to SP77Y. The switch malfunction in this-case required immediate action in
order to avoid delay. Numerous Awards of this Division have ruled that Carrier has broader latitu
the language of Paragraph 9, clearly covers-this situation.
In Third Division Award 27915, we previously addressed this same
issue between the same parties. Thus, consistent-with the time honored
doctrine of stare decisis, this Claim must also be denied.
Form 1 Award No. 28651
Page 3 Docket No. SG-27290
91-3-86-3-392
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:_7~
ancy J. D Executive Secretary
Dated at Chicago, Illinois, this 29th day of January 1991.