Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29362
THIRD DIVISION Docket No. SG-29852
92-3-91-3-231
The Third Division consisted of the regular members and in
addition Referee Joseph A. Sickles when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the Brotherlood of Railr
Corporation (CONRAIL):
Claim on behalf of Inspector D. A. Dunkle, 868273, assigned hours
from 0700 to 1530 Monday through Friday.
(a) Carrier violated the current agreement between Conrail and the
BRS, particularly CLASSIFICATIONS (INSPECTOR) and all other relevant agreement
rules, when the Carrier failed to call an Inspector or Foreman when their
duties were required to be performed.
(b) Carrier should now be required to compensate Mr. Dunkle twelve
(12.0) hours at one and one-half times his normal rate of $16.37 per hour.
Payment is for loss of overtime work opportunity." Carrier file SG-232. BRS
Case No. 8289.CR.
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 Claimant is an Inspector in the pertinent area. In January of
1990, there was a derailment and, at about the same time, 24L signal was
vandalized. Although Signal Maintainers were called to work, the Organization
contends that none of them held an Inspector's position, and the situation
required either an Inspector or a Foreman.
Form 1 Award
No.
29362
Page 2 Docket
No.
SG-29852
92-2-91-3-231
The Claim contends that the "Classification Rule-Inspector" was
violated. That Rule defines the Inspector as one who is assigned to direct
the work of employees and to inspect the facilities, equipment or apparatus
installed, maintained or repaired by employees under the Agreement, and to
perform C&S Tests. Appendix F states that certain designated tests may be
performed as required by qualified employees.
Carrier's denial was premised upon the assertion that the presence of
an Inspector was not warranted under the circumstances.
We find nothing of record to suggest that the supervisory employees
who were present took any action which violated the Agreement. That conclusion and the permissive (r
us to deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: J~i
:49i5w~. ~
cy J. la-Executive Secretary
Dated at Chicago, Illinois, this 25th day of August 1992.