Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31645
Docket No. SG-31508
96-3-93-3-489
The Third Division consisted of the regular members and in addition Referee
James E. Mason 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 Brotherhood of
Railroad Signalmen on the Consolidated Rail Corporation (Conrail):
Claim on behalf of D.C. Wadsworth for payment of three hours at the time
and one-half rate, account Carrier violated the current Signalmen's
Agreement, particularly Appendix "P", when it failed to call the Claimant
for overtime service on Section 17 at Selkirk. New York, on February 6,
1992, and instead assigned another employee, depriving the Claimant of
the opportunity to perform the required work. Carrier's File No. SG-490.
General Chairman's File No. RM2345-80-992. BRS File Case No.
9190-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 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. 31645
Page 2 Docket No. SG-31508
96-3-93-3-489
The Claimant in this case was regularly assigned to a Signal Maintainer position
on the first shift with assigned hours of 7:00 A.M. to 3:30 P.M. On the claim date at
approximately 5:35 P.M., Carrier experienced a problem with a switch requiring the
services of a Signal Maintainer. Carrier used a Signal Maintainer who was on duty and
under pay on the second shift to perform the necessary repairs on the malfunctioning
switch. The Organization initiated a claim on behalf of the first shift Maintainer
alleging that because the malfunctioning switch was within his assigned work section,
he should have been called from the overtime list to perform the required repairs.
From the Board's review of the record ci this case, it is apparent that the
provisions of the overtime call list Agreement are not applicable in this case. Carrier
properly used a Maintainer who was on duty and under pay to perform the required
Maintainer's work. There is no basis for this claim and it is denied.
AWARD
Claim denied.
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 29th day of August 1996.