Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29048
THIRD DIVISION Docket No. SG-28707
91-3-89-3-58
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:
(Chesapeake and Ohio Railway Company
S?.'-',TEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Chesapeake
and Ohio Railway Company (C60):
On behalf of Signal Maintainer Working Independently
R.
H.
Bush:
(a) Carrier violated the parties' Schedule Agreement, as amended,
particularly Call Rule 25, Addendum 3 and Rule 43 1/2 (a), when on or about
Saturday, October 17, 1987, it called or otherwise allowed vacationing Signal
Maintainer Working Independently G. L. Baker to perform work of pulling the
power on Carrier's 440 volt signal line between Mile Post 174.5 and Mile Post
180.3 at Twelve Mile, Indiana and Fulton, Indiana.
(b) As a consequence of the above violation, Carrier should now be
required to compensate Signal Maintainer Working Independently R.
H.
Bush, ID
280170, five (5) hours and 20 minutes at his overtime rate of pay, which is
the amount of time used by Baker, due to a loss of earning and work opportunities." G. C. File 87-56
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 employee 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 Saturday,
October 17, 1987, Signal Maintainer G. L. Baker headquartered at Peru, Indiana
pulled the main fuses on the 440 line at Twelve Mile, Indiana, and Fulton,
Indiana, Mile Post 174.5 to 180.3. The work was performed in connection with
the M&M Construction Company to remove TST line from the right of way. Since
Form 1
Page 2
Award No. 29048
Docket No. SG-28707
91-3-89-3-58
October 17, 1987, was Signal Maintainer G. L. Baker's first rest day and said
rest day preceded his scheduled vacation period, the Organization charged that
Carrier violated Addendum 3 of Rule 25 of the Scheduled Agreement. Rule 25
including Addendum 3 reads as follows:
"RULE 25 - WORK OUTSIDE OF ASSIGNED HOURS
Employees assigned to or filling vacancies on Independent Signal Maintainer positions will notif
person designated by the management where they may
be called and will respond promptly when called. If
they are needed for work outside of regularly assigned
hours, the Independent Signal Maintainer on whose
territory the work is required will be called first.
If not available, the Leading Signal Maintainer and
Signal Maintainers assigned to a Signal Maintenance
Unit on the Territory where the work is required will
be called in ordee of their seniority as Signalmen.
If these are not available, another qualified employee
will be called. When an Independent Signal Maintainer
knows that he will not be available for calls on his
days off duty, he will notify the designated person
and there will be no obligation to attempt to call
him. This will not apply to monthly (sic) rated Signal
Inspectors covered by Rule 54."
"ADDENDUM 3
Availability of signal employees on rest days adjoining or falling
between work weeks that the employee is on vacation:
1. Signal Department employees will not be considered as available for service on rest days
preceding the vacation period.
2. Signal Department employees will not be considered available on rest days which occur
between two or more weeks of continuous vacation.
3. Signal Department employees will be considered
available for call on rest days following the
last work day on vacation unless the employee
has notified his supervisor that he will not
be available on those days pursuant to Rule 25
of the Schedule Agreement."
Specifically, the Organization contends that since Item
3 explicitly states that Signal Department Employees will not be
available for service on rest days preceding the vacation period,
2 of Addendum
considered as
Mr. Baker
Form 1 Award
No.
29048
Page 3 Docket
No.
SG-28707
91-3-89-3-58
should not have performed said work on October 17, 1987. Instead it argues
that Carrier should have observed the procedures set forth in Rule 25 with
respect to work outside of assigned hours. It asserts that Carrier under the
prevailing staffing circumstances circa October 17, 1987, was obligated to
call another qualified employee and accordingly, consistent with on situs past
practice, this meant a maintainer from an adjoining territory.
Carrier argues that Mr. Baker was not called to perform this work by
management and thus the Company cannot be held accountable for Mr. Baker's
unilateral actions. It contends that Claimant was not the next available
maintainer, since ai::ch?r maintainer at Peru, Indiana, worked the territory
adjacent to Mr. Baker's. It points out that Addendum 3 does not prohibit the
assigned maintainer from performing service on a rest day preceding his
vacation period and notes that under Rule 17, the regular employee must be
used to perform work on a day which is not part of any assignment when there
are no unassigned employees available. It also avers that under the decisional authority of the Boar
an employee voluntarily performs work without direction or control by the
Carrier. (See Third Division Awards 12951, 7793, 12949)
In considering this case, the Board concurs with the Organization's
position that Rule 25, including Addendum 3, specifically prohibits the consideration of Signal Depa
said employee's vacation period. However, the record of this case fails to
indicate that the Carrier was knowledgeable of Mr. Baker's actions in performing said work on Octobe
premises that Mr. Baker may have volunteered his services.
The Agreement must be adhered to by both parties, i.e., the Carrier
is restricted in requiring employees to be available or responding to calls.
On the other hand the employees are also obligated to adhere to Agreement
provisions by not voluntarily providing service without Carrier's knowledge.
Accordingly, the claim will be denied.
A 41 A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. a
r
- Executive Secretary
Dated at Chicago, Illinois, this 22nd day of November 1991.