Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29015
THIRD DIVISION Docket No. SG-29001
91-3-89-3-425
The Third Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Western Lines)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Southern
Pacific Transportation Company (SPTC-WL):
On behalf of L. C. Durrant, for payment of 2 hours and 40 minutes pay
at his punitive pay, account of Carrier violated the current Signalmen's Agreemnet, as amended, part
on his assigned territory on Sunday, October 9, 1988." Carrier file SIG-125214.
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.
Claimant is a Signal Maintainer headquartered at Fernley, Nevada. On
Sunday, October 8, 1988, a problem, in the form of a track occupancy indication, appeared around Mil
required by Agreement to be called to fix this problem. Carrier contends that
Claimant was called, but could not be contacted.
Carrier subsequently ordered another Signal Maintainer, who was on
duty to proceed to Mile Post 276 and correct the problem. A Claim for two
hours and forty minutes at the overtime rate was submitted. The Claim was
denied and has been placed before the Board for resolution.
This record does not present to the Board sufficient probative evidence on which to make a decis
Form 1 Award No. 29015
Page 2 Docket No. SG-29001
91-3-89-3-425
involving call-ins where employees claim to have been available and Carrier
contends that the employee was called but was not available. In many Awards
(too numereous to be cited here), we have dismissed such cases as not containing sufficient material
that practice here as well.
A W A R D
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
4aincy;Jn5Kr . - Executive Secretary
Dated at Chicago, Illinois, this 28th day of October 1991.