Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29296
THIRD DIVISION Docket No. SG-29807
92-3-91-3-187
The Third Division consisted of the regular members and in
addition Referee Hugh G. Duffy when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Norfolk Southern Railway Company
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Southern
Railway Company (SOU):
CASE NO. 1
Claim on behalf of Signal Maintainer C B Wham, headquarters St.
George, S C, assigned working hours 7:30 AM to 4:30 PM, for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rules 48 and 49 when they failed or
to pay him his monthly salary in the amount of
$3003.89 for the month of January 1990, paying him
in the amount of $2827.64, making his pay short in
the amount of $131.25 for the month of January 1990.
(b) Carrier now be required to compensate Signal Maintainer C B Wham in the amount of $131.25 th
shorted for the month of January 1990, and is to be
in addition to any other pay he has received. Carrier's File No. SG-GNVL-90-11. Gen'1. Chmn's. File
No. SR-3190. BRS Case No. 8344.SOU.
CASE N0. 2
Claim on behalf of Monthly paid Traveling Signal Maintainer C.B.
Wham, headquarters St. George, S C, assigned working hours 7:30 AM to 4:30 PM,
for the following:
(a) Carrier violated the Signalmen's Agreement, particuarly Rule 49 among others for the month o
1990 when they refused or failed to accumulate and
pay Signal Maintainer C.B. Wham for hours worked or
held for duty in excess of his 213 base hours for
the month of March 1990.
Form 1 Award No. 29296
Page 2 Docket No. SG-29807
92-3-91-3-187
(b) Carrier now be required to compensate monthly paid
Traveling Signal employee, Signal Maintainer C.B.
Wham for 24.8 hours of overtime worked and held for
duty in excess of 213 hours for the month of March
1990 or $525.76 in addition to any other pay he has
received or due him for the month of March 1990
account of Carrier failed or refused to pay him for
the full amount of time he was worked and held for
duty the month of March 1990. Carrier's File No.
SG-GNVL-90-16. Gen'1 Chmn's File No. SR-4090.
BRS Case No. 8364-SOU.
CASE N0. 3
Claim on behalf of monthly paid Traveling Signal maintainer C.B.
Wham, headquarters St. George, S C, assigned work days Monday through Friday
7:30 AM to 4:30 PM, for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule 49, when they refused to accum
48 hours held for duty on April 7 and April 28, 1990
toward his 213 base hours and pay him overtime after
his time exceeded his 213 base hours for he (sic)
month of April 1990.
(b) Carrier now be required to compensate Signal Maintainer C.B. Wham for the time worked and he
duty in excess of his 213 base hours for he (sic)
month of April 1990 in the amount of 18 hours at
his overtime rate of pay or $381.60 that his pay
was short for the month of April 1990 because Carrier refused to accumulate his time that he was hel
for duty for 24 hours each day on April 7 and 28,
1990. Carrier's File No. SG-GNVL-90-17. Gen'1
Chmn's File No. SR-4390. BRS Case No. 8365. SOU.
CASE N0. 4
Claim on behalf of Monthly paid Traveling Signal Maintainer C.B.
Wham, heaquarters St. George, S C, assigned working hours 7:30 AM to 4:30 PM,
for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule 49 among others for the month
1990 when they refused or failed to accumulate and
pay Signal Maintainer C.B. Wham for hours worked or
held for duty in excess of his 213 base hours for
the month of May 1990.
Form 1 Award No. 29296
Page 3 Docket No. SG-29807
92-3-91-3-187
(b) Carrier now be required to compensate monthly paid
Traveling Signal employee, Signal Maintainer C.B.
Wham for 38 hours of overtime worked and held for
duty in excess of 213 hours for the month of May
1990 or $805.60 in addition to any other pay he has
received or due him for the month of May 1990
account of Carrier failed or refused to pay him for
the full amount of time he was worked and held for
duty the month of May 1990. Carrier's File No.
SG-GNVL-90-18. Gen'1 Chmn's File No. SR-4990. BRS
Case No. 8367.SOU.
CASE N0. 5
Claim on behalf of monthly paid Traveling Signal Maintainer C.B.
Wham, headquarters St. George, S C, assigned work days Monday through Friday
7:30 AM to 4:30 PM, for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule 49, when they refused to accumulat
75 hours worked and held for duty during the month
of June 1990 toward his 213 base hours and pay him
overtime after his time exceeded his 213 base hours
for he (sic) month of June 1990.
(b) Carrier now be required to compensate Signal Maintainer C. B. Wham for the time worked and held
duty in excess of his 213 base hours for he (sic)
month of June 1990 in the amount of 45 hours at his
overtime rate of pay or $954.00 that his pay was
short for the month of June, 1990 because Carrier
refused to accumulate his time that he was held for
duty for 24 hours each day on June 2, 24 and 30,
1990. Carrier's File No. SG-GNVL-90-19. Gen'1.
Chmn's File No. SR-5490. BRS Case No. 8368. SOU
CASE N0. 6
Claim on behalf of Monthly paid Traveling Signal Maintainer C. B.
Wham, headquarters St. George, S C, assigned working hours 7:30 AM to 4:30 PM,
for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule 49 among others for the month of J
1990 when they refused or failed to accumulate and
pay Signal Maintainer C. B. Wham for hours worked or
held for duty in excess of his 213 base hours for
the month of July 1990.
Form 1 Award No. 29296
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92-3-91-3-187
(b) Carrier now be required to compensate monthly paid
Travleing Signal employee, Signal Maintainer C.B.
Wham for 24 hours of overtime worked and held for
duty in excess of 213 hours for the month of July
1990 or $508.80 in addition to any other pay he has
received or due him for the month of July 1990
account of Carrier failed or refused to pay him for
the full amount of time he was worked and held for
duty the month of July 1990. Carrier's File
No.
SG-GNVL-90-20. Gen'1 Chmn's File
No.
SR-5790. BRS
Case No. 8369-SOU.
CASE N0. 7
Claim on behalf of monthly paid Traveling Signal Maintainer C.B.
Wham, headquarters St. George, S C, assigned work days Monday through Friday
7:30 AM to 4:30 PM, for the following:
(a) Carrier violated the Signalmen's Agreement, particularly Rule 49, when they refused to accumulat
hours he was worked and held for duty during the
month of August 1990 toward his 213 base hours and
pay him overtime after his time exceeded his 213
base hours for the month of August 1990 in the
amount of 51.5 hours overtime.
(b) Carrier now be required to compensate Signal Maintainer C.B. Wham for the time worked and held f
duty in excess of his 213 base hours for he (sic)
month of August 1990 in the amount of 51.5 hours at
his overtime rate of pay or $1,091.80 that his pay
was short for the month of August, 1990 because
Carrier refused to accumulate his time that he was
held for duty and worked outside assigned working
hours." Carrier's File No. SG-GNVL-90-21. Gen'1
Chmn's. File No. SR-5890.BRS Case No. 8370.SOU.
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.
Form 1 Award No. 29296
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Parties to said dispute waived right of appearance at hearing
thereon.
This dispute involves seven Claims, identified as Cases No. 1-7.
Case No. 1 will be treated separately; Cases No. 2-7 are identical except for
the month involved and will be treated as one Claim.
Claimant is a monthly-rated Traveling Signal Maintainer employed
under the provisions of Rule 49 of the Agreement. Rule 49 provides chat his
monthly rate of pay covers all service performed, including overtime, holiday
service and service on the sixth day of the work week, up to 213 hours in a
calendar month. The Rule also provides that actual time worked or held for
duty exclusive of assigned rest days in excess of the 213 hours in a calendar
month will be paid for at the overtime rate.
In the event that Claimant's services might be required on the sixth
day of the work week, he was instructed to give his Supervisor a telephone
number where he would be available to be contacted on that day.
Turning first to Case No. 1, where the Carrier had deducted $131.25
from Claimant's pay for missing a standby call on January 13, the sixth day of
the work week, the record shows that Claimant's actual time worked for the
month of January was 180 straight-time hours and 28 1/2 overtime hours. Had
Claimant been available for service on January 13, any time worked would have
had to be paid at the overtime rate, and we find that his pay is thus not
subject to reduction for missing a call. Carrier has therefore failed to
sustain its burden of proof in justifying this deduction, and we will sustain
the Claim in Case No. 1.
Turning next to Cases 2-7, the Organization contends that Claimant
was being held for duty on the sixth day of each work week covered by the
Claims, and should be compensated at the overtime rate for those days whether
or not he performed any service.
After reviewing the record in this dispute, it is clear that all that
was required of Claimant was that he be available for contact by telephone on
the sixth day in the event his services were required. Since his monthly rate
of pay includes compensation for the sixth day, whether or not he performs any
service, the Carrier can legitimately require that he make himself available
in this manner, and we find that the Organization has failed to carry its
burden of proof that he was being held for duty on those days.
The Board has previously denied Claims involving this identical issue
in disputes between the same parties (Third Division Awards 29209 and 13121)
and we find no reason to depart from those precedents. We will accordingly
deny the Claims in Cases No. 2-7.
A W A R D
Claim sustained in accordance with the Findings.
Form 1 Award No. 29296
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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. D e - Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1992.