Form I NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28928
THIRD DIVISION Docket "lo. SG-29224
91-3-90-3-105
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: "Claim on behalf the General Committee of the
Brotherhood of Railroad Signalmen on the Southern
Pacific Transportation Company:
On behalf of the members of the Oakland and Niles Signal Gangs, for
payment of eight (8) hours each, for each day worked by the Santa Clara Gang
No. 2, on the Western Seniority, District, beginning November 11, 1988 and
continuing until this violation is stopped, account of Carrier violated the
current Signalmen's Agreement, as amended, particularly, Rule 37, when it
allowed or permitted employees not having seniority on the Western District to
perform work on that Seniority District." Carrier file SIG-37-56. BRS file
Case No. 7898-SPTC-WL.
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.
On November 8, 1988, the Carrier wrote to the Organization's General
Chairman informing him as follows:
"This is to advise that, effective November 8, 1988,
we have moved Signal Gang No. 2, Santa Clara,
California, Western Seniority District, Coast Division, to Fruitvale Tower, Oakland, California, for
a period of approximately thirty (30) working days,
due to a shortage of available signalmen on the
Form 1 Award
No. 28928
Page
2
Docket No.
SG-29224
91-3-90-3-105
Eastern Seniority District, Sacramento Western
Division."
The Organization filed the instant Claim on November
22, 1988,
asserting the Carrier was not authorized to move the gang off its seniority district. The Claim
the Coast Division. According to the record, this occurred on December
20,
1988.
During the time covered by the Claim, Signal Gang No.
2
worked with the
Claimants (the Oakland and Niles Signal Gangs) at Fruitvale Tower. The
Carrier explained the scope of the job and the time frame within which it had
to be completed necessitated the movement of the gang.
The Organization bases its Claim upon Rule
37 - Seniority
Restrictions, which reads as follows:
"Seniority rights of employes shall be rest-acted to
the territory oiler which one superintendent has
jurisdiction, except as may be provided by agreement
pursuant to Rule
38."
The Carrier does not deny it moved Signal Gang
No. 2
off its territory. In its Submission before this Board, the Carrier argues the move was
made under the provisions of Rule 63 - Temporary Transfers, which reads as
follows:
"Except for temporary service, employes shall not be
transferred to another division unless they so desire.
Employes so transferred by direction of the Management
shall receive actual expenses while away from their
regular home stations. In temporarily transferring
employes to other divisions, the junior employe shall
be the first to be transferred. Employes temporarily
transferred to another division shall be returned to
their home division as soon as the condition necessitating such transfer ceases to exist."
The Organization has objected to the Carrier's reference to this Rule
asserting it was never cited during the handling of this dispute on the property. Although the Carri
the Claim, we find the Organization's objection well taken. The Carrier
neither cited the Rule by number nor used language similar to that contained
in the Rule. Furthermore, the Organization correctly points out the Rule provides for the movement o
not the case herein. We conclude, therefore, the Carrier did not rely upon
this Rule during its handling of the dispute, and we will not consider it in
our decision.
Form 1 Award No. 28928
Page 3 Docket No. SG-29224
91-3-90-3-105
The Carrier asserts the Claim is improperly before the Board as it
lacks specificity as to the dates during which the alleged violations may have
occurred, what duties were performed, and how much time was involved. We do
not agree such specificity is required in this case. The Carrier first advised the Organization of i
that the Claim was filed. At the time the initial Claim was made, the gang
was still engaged in its work on the Sacramento Western Division. Accordingly, the Claim was filed o
Thus, the Organization was not required to specify the dates and times of the
violations. Additionally, it was the act of working on a different seniority
district which the Organization was claiming to be a violation of the Rule.
It did not matter to the Claim what duties were being performed, the location
was the issue.
From our review of the Rule and the circumstances involved in this
case, we conclude the Carrier improperly moved the gang off its seniority
district in violation of the Agreement. Rule 37 limits the seniority rights
of employees to a single territory. The Carrier and the Organization did not
enter into any Agreement which would authorize the gang to be moved elsewhere.
Accordingly, the work performed by the Santa Clara Gang at the Fruitvale Tower
was work which they had no right to perform. It was reserved to employees of
the Sacramento Western Division.
Turning to the remedy, we do not agree the Claimants are entitled to
the full relief claimed. Although there are eight (3) named Claimants (five
from the Oakland Signal Gang and three from the Niles Signal Gang), the record
discloses the workforce from the Santa Clara Gang varied from day to day between four and eight empl
we direct the Carrier to compensate the Claimants for the total man-hours worked by the Santa Clara
December 20, 1988, to be divided equally among them. According to information
provided by the Organization in its letter of February 18, 1990, which has not
been refuted, this is a total of 1,216 hours, or 152 hours per Claimant.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 29th day of August 1991.