Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31782
Docket No. SG-32029
96-3-94-3-406
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:
(National Railroad Passenger Corporation
((AMTRAK)
STATEMENT OF CLAIM
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the National Railroad Passenger Corporation
(NRPC-S):
Claim on behalf of M. Mazenkas for payment of three hours at the time
and one-half rate, account Carrier violated the current Signalmen's
Agreement, particularly Appendix `F', when it assigned another employee
to perform overtime service on the Claimant's territory on January 5,
1993, and denied the Claimant the opportunity to perform the work.
Carrier's File No. NEC-BRS(S)-SD-630. General Chairman's File No.
RM2452-120-693. BRS File Case No. 9290-NRPC(S)."
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 or 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.
Form 1 Award No. 31782
Page 2 Docket No. SG-32029
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Parties to said dispute were given :zue notice of
hearing thereon
.
Claimant in this case was regularly assigned as a Signal Maintainer on the first
shift. On the claim date, a signal malfunctioned on the third shift. The signal
malfunction was corrected by a Signal Maintainer who was regularly assigned to work
on the third shift- The Signal Maintainer who performed the required service did so at
the straight-time rate of pay.
The Organization argues that the provisions of agreed-upon APPENDIX "F" and
the attendant guidelines thereto require the Carrier to utilize the APPENDIX "F" call
list to perform any and all signal "trouble involving Maintainer's work." It contends
that Section 8
of
APPENDIX "F" so requires. The Organization cites Third Division
Award 27181 in support of its position.
Appendix "F" and the attendant guidelines for allotment of overtime work read
as follows:
"APPENDL`C `F'
AGREEMENT DATED .JANUARY 30, 1986, BETWEEN THE
NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
AND BROTHERHOOD OF RAILROAD SIGNALMEN PROVIDING
A PROCEDURE FOR CALLING C&S DEPARTMENT EMPLOI'EES
FOR TROUBLE INVOLVING MAINTAINER'S WORK OUTSIDE
THEIR REGULAR WORKING
HOURS.
1. A form showing the information included in the attached sample
will be used to record the calling and response to calls for work
outside
of
employees' regular
working hours.
2. Subject to other provisions of this Agreement, a calling
arrangement will be established by the Assistant Division Engineer
C&S/ET and the Organization's designated representative jointly.
(a) The calling arrangement will be subject to the concurrence
of the General Chairman and the Director-Labor Relations.
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Page 3 Docket No. SG-32029
96-3-94-3406
(b) Should the Assistant Division Engineer, C&S/ET and the
Organization's designated representative be unable to agree
upon a calling arrangement within 30 days after the effective
date of this agreement, then the General Chairman and the
Director-Labor Relations will establish the arrangement.
3. On the basis of the calling arrangement, the form (as attached) will
be prepared by the Supervisor C&S and placed in the hands of the
employees designated to make calls and record responses to calls for
work. The names of the persons so designated will be furnished to
the Local Chairman and the General Chairman.
4. AV of the information called for on the form must be recorded at the
time the employee is called.
Note: At the time the employee is called, he will indicate his Hours
of Service status.
5. Qualified employees may have their names added to or removed
from the list at their request if written notification is given to the
Supervisor C&S forty-eight (48) hours in advance. Such employees
must be able to report to the headquarters of the territory involved
within one hour to call in the territory in which they have indicated
a desire to be called.
Note: The one hour limitation will not apply to the regular assigned
Signal Maintainer for the section involved.
6. The Signal Maintainer assigned to that position in the section
involved will, if he has added his name in accordance with Item 5
above, be listed first on the calling list for his section. If more than
one Signal Maintainer have the same responsibilities and territory,
they will be listed in class seniority order.
7. Employees subject to call for work outside of their regular tour of
duty under this Agreement must keep their name, address and
telephone number on file with their Supervisor.
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8. Employees will be called from the appropriate list for work in the
order in which their names appear on the list.
9. A reasonable effort will be made to comply with the procedure
outlined above but shall not be permitted to delay getting a qualified
employee to report promptly at the point necessary to cope with the
situation.
10. In the application of this understanding two calls will be made to the
first six (6) employees whose names appear on the calling list. A
second call will not be required where such employees are identified
as not at home on the first call. One call will be made to other
individuals on the list.
If an employee fails to respond to calls for service on five
consecutive occasions, his name will be removed from the calling list
and may be restored to the list only after he has complied with Item
5 above after having been removed from the list for a period of
thirty (30) calendar days.
11. The forms referred to herein will be kept in the office where they
are completed for a period of not less than three months and they
will be available for review by the General Chairman and Local
Chairman, B.RS.
12. This agreement shall become effective upon execution and may be
canceled by either party by not less than 60 days written notice to
the other party."
GUIDELINES
"Emergency overtime is defined as work that is not known about more
than 14 hours in advance or by Friday noontime in the case of weekend
worst. People will be called for emergency overtime from and in order of
the emergency overtime list. If an emergency overtime situation requires,
in the opinion of a supervisor, a crew to make repairs or an inspector for
associated testing, those people will be called.
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The emergency overtime list will be made up of persons requesting to be
on that list. The emergency overtime list will be made up in the following
order:
First. the maintainer of that maintenance section. Second, persons
currently holding signal maintainer and signalman positions who hold
signal maintainer seniority, listed in order of their signal maintainer
seniority. Third, the section inspector. Fourth, persons currently holding
assistant foreman positions who hold signal maintainer seniority, listed in
order of their assistant foreman seniority. Fifth, persons currently holding
foreman and inspector positions who also hold signal maintainer seniority,
listed in order of their foreman/inspector seniority. Sixth, persons
currently holding electronic technician positions who also hold signal
maintainer seniority, listed in order of their electronic technician
seniority."
The fact situation in this case is not in dispute. It is clear from the case record
that there was no work performed at the overtime rate. The Board finds no fault with
the Organization's position relative to the use of the APPENDIX "F" cad lists in
situations in which overtime work is required or performed. Third Division Award
27181 upon which the Organization relies is a good one. It just does not address a fact
situation which is parallel to this case. There a junior Signal Nlaintainer was used on
an overtime basis to the exclusion of a senior Signal Maintainer. Here the :Maintainer
work was performed at the straight-time rate by a Signal Maintainer who was on duty
and under pay on his own regular assignment. There is nothing to be found in
APPENDLX "F" or the attendant guidelines which precludes such use of an on-duty
Signal Maintainer to perform Maintainer's work. The logic expressed in Awards 12 and
15 of Public Law Board No. 3932 is equally applicable in this case. "Claimant cannot
claim a preference for overtime work that was never performed." This claim is,
therefore, denied.
AWARD
Claim denied.
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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 20th day
of
November 1996.