Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29209
THIRD DIVISION Docket No. SG-29087
92-3-89-3-520
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood of Railr
(SOU):
Case No. 1
Claim on behalf of monthly paid Traveling Signal Maintainer L. P.
Lohr, headquarters Front Royal, VA., assigned working hours 8 am to 5 pm
Monday thru Friday, restday Sunday for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule 49
among others, when they failed or refused to pay Traveling Signal Maintainer
L. P. Lohr for time worked and held for duty in excess of his 213 base hours
for the month of August 1988.
(b) Carrier now be required to compensate Traveling Signal Maintainer L. P. Lohr for 91 2/3 hour
time worked and held for duty in excess of his 213 base hours for the month of
August 1988. Claim is in addition to any other pay he has received or due him
account of Carrier refused to compensate him in accordance with the provisions
of Rule 49 in that he was not paid for time worked or held for duty in excess
of his 213 base hours. Carrier file SG-755. BRS Case No. 7775 (SOU).
Case No. 2
Claim on behalf of monthly paid Traveling Signal Maintainer L. P.
Lohr, headquarters Front Royal, Va., assigned working hours 8 am to 5 pm
Monday thru Friday, restday Sunday, for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule 49
among others, when they failed or refused to pay Traveling Signal Maintainer
L. P. Lohr for time worked and held for duty in excess of his 213 base hours
for the month of September 1988.
(b) Carrier now be required to compensate Traveling Signal Maintainer L. P. Lohr for 94.4 hours
worked and held for duty in excess of his 213 base hours for the month of
September 1988. Claim is in addition to any other pay he has received or due
him account of Carrier refused to compensate him in accordance with the provisions of Rule 49 in tha
in excess of his 213 base hours. Carrier file SG-759. BRS Case No. 7775
(SOU)."
Form 1 Award
No.
29209
Page 2 Docket
No.
SG-29087
92-3-89-3-520
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 in this matter was a monthly rated Traveling Signal Maintainer. In his assignment Sunda
day. The dispute was triggered by a conversation between Claimant and his
Supervisor on August 2, 1988 during which his Supervisor advised Claimant that
he had to be available for telephone contact on Saturdays for possible signal
problems. Claimant advised the Supervisor that he would comply and "...would
be on hold for duty for twenty-four hours for each Saturday and holiday as per
instructions." Subsequently a letter from the Supervisor in question stated
as follows:
"On August 2nd, 1988, I talked with Traveling
Signal Maintainer L. P. Lohr because S&E Super.
Clark had tried to contact him due to crossing signal
trouble on Saturday, July 30th. Super. Clark was
unable to contact Mr. Lohr. I told Mr. Lohr that
since his job was a monthly rated position, he had to
be available on Saturdays where we could contact him
by phone.
I was very careful not to tell Mr. Lohr he was on
call. I only stated we must be able to contact him
if we need too."
The Organization argues that Rule 49 was violated by Carrier's
actions in this case. It is averred that Claimant was told that he would be
held on duty for twenty-four hours each Saturday. Under Rule 49 time held on
duty would be paid at the punitive rate after 213 hours in any calendar month.
In this dispute Claimant was held on duty 91 2/3 hours over the 213 hours in
August 1988 and 94.4 hours in September. In sum, the Organization insists
that Claimant was instructed to be available for call for twenty-four hours
each Saturday, until that was changed after the filing of these claims.
Form 1 Award No. 29209
Page 3 Docket No. SG-29087
92-3-89-3-520
Carrier states that Claimant's monthly rated position includes a six
day work week with Saturday designated as a stand-by day. When Saturday work
occurs, Claimant receives no additional compensation. On the Saturdays
claimed in this matter Claimant performed no service. It is urged that there
is no violation in this dispute since the Agreement is clear that time not
worked on Saturday will not be considered time held on duty, for a monthly
rated employee. No loss has been established by the Organization, as Carrier
views it and furthermore there is no proof that Claimant surpassed the 213
hours which would entitle him to overtime.
The applicable Rule in this dispute provides as follows:
"Monthly Paid Traveling Employees-Rule 49: (Revised
effective _anuary 1, 1965)
Employees assigned to the maintenance of a section, who do not return to home station daily and
are regularly assigned to perform road work and are
paid on a =onthly basis, shall be assigned one regular rest da? per week, Sunday if possible. Past
practice w_th respect to making an earnest effort to
allow employees paid under this rule to be off on the
seven recoenized holidays without deduction from
monthly rate will be continued. Ordinary maintenance
or construction work not required on Sundays prior to
September _, 1949 will not thereafter be required on
the sixth
c_ay
of the work week. Time off for a full
day period on the sixth day of the work week or on
holidays stall not be considered time actually worked
or held for duty.
Except for service on assigned rest days, the
monthly rate for such employees shall cover all
service performed, including overtime, holiday
service, and service on the sixth day of the work
week, up is 211 2/3 (now 213) hours in any calendar
month.
Actual time worked or held for duty, exclusive of
assigned rest days, in excess of 211 2/3 (now 213)
hours in any calendar month will be paid for at the
rate of time and one-half.
Where the rest day, holiday, call, overtime and
other rules of this agreement require payment to
employees covered by this agreement, such rules shall
not apply _o employees paid under this Rule 49 except
as follows:
Form 1
Page 4
Award No. 29209
Docket No. SG-29087
92-3-89-3-520
(a) Until a total of 211 2/3 (now 213) hours
is reached in a calendar month, such an employee
will be credited toward such 211 2/3 (213) monthly
hours on the basis of one minute for each straight
time minute and one and one-half minutes for each
overtime minute where service described in such
rules is performed. When such 211 2/3 (213) hours
of actual time worked or held for duty has been
accumulated, such an employee will thereafter be
paid for actual time worked or held for duty at
the time and one-half rate. No time on an assigned rest day shall be included in such accumulation o
An analysis of the facts in this dispute reveals that all that was
required of Claimant was that he be available for contact by telephone on
Saturdays. This was nothing new, insofar as monthly rated positions are concerned and no service was
issue, between the same parties was dealt with by this Board in Award 13121.
In that Award we said, :n part:
"It is the contention of Petitioner that if the
Carrier requires a monthly rated employe to be at
his headquarters on the sixth day of the workweek
the employe is performing a 24 hour service for
which he should be compensated at overtime rate.
Since Claimant was paid for Saturdays, whether
or not he worked, the Carrier in the exercise of its
management prerogatives, not circumscribed by the
Agreement, could and did demand that Claimant hold
himself available, on Saturdays, at his assigned
headquarters. That this was inconvenient for Claimant or that he considered himself equally availabl
at another geographical location is not material.
Applying the foregoing interpretation to the
facts of record, Petitioner has failed to prove that
Claimant worked more than 211 hours in he month of
September 1960. We will deny the Claim."
We do not find the reasoning in the above cited Award to be palpably
the contrary we agree with the reasoning and it is equally appliset of circumstances. Consequently t
erroneous; on
cable to this
out merit and
Form 1 Award No. 29209
Page 5 Docket No. SG-29087
92-3-89-3-520
A W A R D
Claims denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attes : _
ancy J. r - Executive Secretary
Dated at Chicago, Illinois, this 7th day of May 1992.