Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29027
THIRD DIVISION Docket No. SG-28689
91-3-89-3-37
The Third Division consisted of the regular members and in
addition Referee George S. Roukis 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 9f the Brother
hood of Railroad Signalmen on the Southern Pacific
Transportation Company (SPTC (WL)):
On behalf of Signal Maintainer G. J. Wees for two hours and forty
minutes pay at his punitive rate of pay, account of the Carrier violated the
current Signalmen's Agreement, as. amended, particularly Rule 18, when it
called him to perform work at 11:30
PM
on January 1, 1988." Carrier file
SIG-21-2.
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.
The basic facts of this case are set forth as follows: On January 1,
1988, at 11:30
P.M.,
Carrier called Claimant at his home for the purpose of
correcting signal trouble between Swain and Alford, Oregon. Claimant accepted
the call and then proceeded to get dressed and ready to leave, when he was
notified about 11:35
P.M.
that the trouble cleared up by itself and the call
was canceled. On January 20, 1988, a claim was filed by the Organization,
wherein it was charged that Carrier violated Rule 18 - Calls, when Claimant
was called to work. The Organization cited Third Division Award 18585 as
controlling precedent authority.
Form 1 Award No. 29027
Page 2 Docket No. SC-28689
91-3-89-3-37
In rebuttal, Carrier contends that merely answering a telephone call
does not constitute work as that term is used in Rule 18 and further defined
by Third Division Awards 23078, 22254, 21728, 21652, 21561, 21295, 6107 and
Award 25 of Public Law Board No. 3402. Rule 18 is referenced as follows:
"Employees released from duty and notified or called
to perform work outside of and not continuous with
regular working hours, shall be paid a minimum
allowance of two (2) hours and forty (40) minutes at
the time and one-half rate; if held longer than two
(2) hours and forty (40) minutes, they shall be paid
at the applicable overtime rate on the actual minute
basis.
Time of employees so notified shall begin at the time
required to report and end when released. Time of
employees so called shall begin at the time called
and end at the time they return to designated point
at home station.
Employees so called less than two (2) hours and forty
(40) minutes before their regular starting time,
shall be paid at the time and one-half rate until
their regular starting time, and thereafter at the
straight time rate for the regular hours."
In considering this case within the context of the Awards cited by
the parties, the Board concludes that the facts in Third Division Award 18585
are foursquarely on point with the facts herein. In effect, Claimant did not
answer a question or respond to an erroneous Carrier call, as were the fact
patterns in the cases cited by Carrier, but instead he accepted the call to
report to work and was preparing himself to report when the call was canceled.
Since these are distinguishable facts and since there has been no showing that
Third Division Award 18585 was later found erroneous by successor Awards or.
questioned as to logical interpretative consistency by the Awards referenced
by Carrier, the Board of necessity must find for the Organization.
A W A R D
Claim sustained.
Form 1 Award No. 29027
Page 3 Docket No. SG-28689
91-3-89-3-37
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
,
Attest:
ancy J. -Executive Secretary
Dated at Chicago, Illinois, this 28th day of October 1991.