Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31634
Docket No. SG-31483
96-3-92-3-970
The Third Division consisted
of
the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood
of
Railroad Signalmen
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen (BRS) on the Terminal Railroad Association of St.
Louis (TRRA):
Claim on behalf of R. L. Hickman, Jr. and S. B. Witthauer for
payment of two hours and forty minutes each at the time and one-half
rate, and on behalf of C. E. Satterfield for payment of four hours at the
time and one-half rate, account Carrier violated the current Signalmen's
Agreement, particularly Article V, Section 1, when it utilized junior
employees to perform overtime service on September 10, 1991, and denied
the Claimants the opportunity to perform the work. Carrier's File No.
013.30. General Chairman's File No. 910924.01. BRS File Case No. 8949TRRA."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees 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.
Form 1 Award No. 31634
Page 2 Docket No. SG-31483
96-3-92-3-970
This dispute is somewhat similar to that reviewed in Third Division Award 31633
in that it involves overtime work assigned to employees in Carrier's
Construction/Maintenance Gang rather than to other, more senior Signal Maintainers.
As in Award 31633, the "facts" are in dispute.
According to the Organization, two Construction/Maintenance Gang employees
were assigned to work a total of four hours' overtime on the territories of two Signal
Maintainers. The Organization contends that the work assignment was made at either
3:45 P.M. (prior to the end of the shift) or at 4:00 P.M.
According to the Carrier, all employees assigned to the ConstructionMaintenance Gang were held over
they were working. The Carrier states that notice
of
the two required repairs elsewhere
were reported on or after 4:00
P.M.,
which would have been after the Claimants had left
the property and thus were unavailable.
With this unresolved conflict, the Board is not able to apply relevant Rules to
determine whether a violation occurred in the Carrier's action, and the claim will
necessarily be dismissed, without prejudice to the positions
of
the Organization or the
Carrier.
AWARD
Claim dismissed.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 19th day
of
August 1996.