Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 31956
Docket No. SG-31201
97-3-94-3-631
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 DISP IT
(Chicago and North Western Railway Company
STATEMENT OF .AIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Chicago & North Western Transportation Co.
(CNW):
Claim on behalf of J.M. Walsh for payment of the appropriate
Assistant Signalman's rate, beginning 60 days prior to January 2. 1994
and continuing until his rate is properly adjusted, and for all other
Assistant Signalmen similarly compensated at a lower rate of pay, account
Carrier violated the current Signalmen's Agreement, particularly Rule
47(a), when it failed to properly implement the periodic wage increases for
the Claimants. Carrier's File No. 79-94-11. General Chairman's File No.
S-AV-195. BRS File Case No. 9468-CNW."
FINS:
The Third Division of the Adjustment Board, upon the whole record and an the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
ace 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.
Form 1
Page 2
Award
No.
31956
Docket
No.
SG-32201
97-3-94-3-631
Parties to said dispute *-.ere given due notice
of
hearing thereon.
The issue in this case concerns the agreed-upon rates
of
pay which are applicable
to Assistant Signalmen during their periods
of
training in their progression to Signalman
status. The dispute centers around the language and application
of
Agreement Rules 47
and 50, as well as agreed-upon Appendix "O." To permit a clear understanding
of
the
issues here involved, the text
of
the Rules and Appendix "O" are reproduced in their
entiretv.
"Rule
47
- ASSISTANT SIGNAL EN
(a) Assistant signalmen are employees in training to become signalmen
or signal maintainers.
The period of training will be 24 months divided into 4 segments
of
6 months each.
%.hich will
establish four advancing levels
of
trainee
proficiency. The training program will combine home study, formal
instruction. and on-the-job training, and will cover all phases
of
signal work. including signal shop work.
Step rates
of
pay will apply during such 4 segments
each, as follows:
lst segment - 87°/a
of
signalman's rate
2nd segment - 88%
of
signalman's rate
3rd segment - 89%
of
signalman's rate
4th segment - 90°/a
of
signalman's rate
of
6 months
NW:
See Memorandum Agreement
of
June 8, 1972 revised
November 5, 1981 regarding Training Program, Appendix
'O'.
(b) Assistants will not be placed on night shifts during the first two
periods
of
training.
Form 1
Page 3
Award No. 31956
DOl.ket No. SG-32201
97-3-94-3-631
(c) Assistants may be required to transfer from point to point not more
than 30 miles distant or from shift to shift in order to obtain
necessary experience and education to fit them for advancement or
to permit others to do so and may for that purpose be required to
change their headquarters not more often than twice a year. When
so changed will not be required to lose time; the amount of time
required for the move to be mutually agreed upon between the man
affected and his superior officer. The man so affected will be given
thirty days notice, by bulletin.
NW:
See Rule 31(a) concerning seniority."
"Rule 50 - RATE OF PAY
The following rates are those in effect on January 1, 1985 and are subject
to future wage adjustments and COLA.
Classification
District Signal Foreman
Crew Foreman - (Including
Signal Shop Foreman)
Signal Inspector (Testman)
Signal Electronic Technician
Leading Signal Maintainer
Leading Signalman
Signal Maintainer
Autogenous Welder Signalman
Signalman
Assistant Signalman and
Maintainer
1st six months
2nd six months
3rd six months
4th six months
Monthly Mgnthjy Houri~
flours fouls
232.7 53,094.08
$15.03
14.96
14.36
13.96
13.70
13.66
13.37
13.26
11.69
11.80
11.90
12.07
Form 1 Award No. 31956
Page 4 Docket No. SG-32201
97-3-94-3-631
A minimum
of
130 days
of
service shall constitute a period within the
meaning
of
this rule."
"APPENDIX 'O'
MEMORANDUM OF AGREEMENT
BETWEEN THE CHICAGO AND NORTH WESTERN TRANSPORTATION
COMPANY AND THE BROTHERHOOD OF RAILROAD SIGNALMEN
PROVIDING FOR THE ESTABLISHMENT OF A TRAINING
PROGRAM FOR SIGNAL EMPLOYEES
This agreement supersedes and replaces the training agreement
of
June 8,
1972.
To establish a training program for employees in the Signal Department.
IT IS AGREED:
1. Training provided for in this agreement will be performed as
necessary and as sufficient employees to justify a class are available
for such training.
2. Individuals entering the service of the carrier as Assistants (other
than temporary summer employees) shall be required to participate
in the training program.
3, Classes will be set up at the L.S. Provo Training Center at West
Chicago, Illinois, or at such other points as may be designated by
the Carrier.
4. The period
of
training will be 24 months divided into 4 segments
of
6 months each, which will establish four advancing levels of trainee
proficiency. The training program will combine home study, formal
instruction, and on-the-job training, and will cover all phases
of
signal work, including signal shop work
5. All required training materials and documents will be furnished by
the Carrier at no expense to the employee.
Form 1 Award No. 31956
Page 5 Docket No. SG-32201
97-3-94-3-631
6. Employees will be compensated at their regular straight time rate
of pay while attending classes. Should one of the National Holidays
specified in the Signalmen's Agreement occur during a session on a
day which would normally be a work day for the employee(s) they
shall choose a mutually acceptable alternate date. The Carrier
win
to the a:tent possible schedule classes in weeks that do not include
National Holidays.
Note: Training will not be scheduled on Labor Day, Thanksgiving,
Christmas Eve or Christmas Day, nor on New Years Day.
When training includes any other holiday, the agreement
should reflect training status on straight time pay for that
day, plus the aforementioned alternate day off at sometime
after that training period is completed.
7. While an employee in the training program is not attending formal
classes, approximately five hours during regular working hours
each work week will be devoted to practical on-the-job instructions.
8. There will be an examination for each six mouth period, such
examination to be restricted to material covered during that period.
This examination. to be given under the direction of the Carrier,
may be a combination of written and oral questions as well as
questions on practical situations with a 75% grade being required
to pass the test. A demonstration of ability to perform practical
application of signal work will also be required of all trainees.
Organization representatives will be permitted to observe
examinations and/or classroom sessions.
9. If an employee falls the first examination in any period, he will be
given an opportunity within sixty days to take the examination a
second time. An employee who fails the examination a second time
will forfeit all seniority rights and have his service terminated.
This provision supersedes the qualification and discipline rules
contained in the Signalmen's Agreement.
Form 1 Award No.
31956
Page
6
Docket No.
SG-32201
97-3-94-3-631
10. When an employee is notified to attend a training class at a location
other than in the citv or terminal district where he resides, he will
be notified of the form
of
transportation to be used in going to and
from the city where classes are held, subject to the following:
(a) Method of transportation will be authorized in advance, and
will be at company expense.
(b)
If
commercial transportation is used, the employee will be
reimbursed the cost thereof.
(c) If
an employee uses his automobile, the prevailing mileage
allowance will be paid.
(d)
If
the employee is authorized to use free company
transportation, such transportation will be furnished by the
Carrier.
11. The employee will be reimbursed for actual necessary expenses for
meals and lodging while traveling to and from the city where classes
are held and when attending classes at points other than in the city
or terminal district where he resides.
Such an employee whose home is within 30 miles
of
the point
where classes are held will not come under the provisions
of
this
item, unless directed by proper authority to remain away from
home overnight.
12. Employees will be allowed 8 hours at straight time rate at their
regular rate
of
pay for each calendar day that formal training
referred to in Item 4 is in session.
This memorandum agreement becomes a part
of
the current signalmen's
schedule agreement effective January 1, 1982.
Signed at Chicago, Illinois this fifth day of November 1981."
Form I Award No. 31956
Page 7 Docuet No. SG-32201
97-3-94-3-631
The instant dispute had its origin in a grievance presented by the Organization
in January 1994, on behalf of the named Claimant alleging that, following his
employment as an Assistant Signalman on May 18, 1992, his Assistant Signalman rate
of pay should have progressed on a 6-month calendar basis resulting in his receiving the
4th segment pay rate specified in Rule 47 beginning on November 18, 1993. During the
on-property progression of the dispute, the Organization contended that Rule 47, as well
as Appendix "O", at Paragraph No. 4 thereof, specifically provides for four 6-month
segments for the step rate progressions as well as for the training periods of Assistant
Signalmen.
For its part. Carrier insisted that the 6-month periods of training and progressive
compensation contemplated more than just the passage of a calendar period. Carrier
argued that the 6-month periods of training and resultant pay rate increases demanded
the actual performance of service either in classroom training or in on-the-job work
performance by the Assistant Signalman. Carrier pointed out that, in this case,
Claimant performed only minimal service during some of the calendar months and that,
when he had performed the equivalent of six months service, his rate of pay was
adjusted. Carrier referred the Board to the language
of
Rule 50 - RATE OF PAY which
identifies "130 days of service" as the measure
of
a 6-month period. Carrier
additionally contended that "since the inception of this agreement" it has historically
and without objection from the Organization applied the 6-montb step rates on the basis
of 130 days of service in the same manner as was applied in this case.
From the Board's review of the applicable Rules and after considering the
respective arguments of the parties, it fords it inescapable that the fundamental purposes
of the training program and the attendant pay progression provisions are to provide the
Assistant Signalman with adequate training and work experience in the craft to permit
the employee to successfully complete the training regimen. Examinations are required
"for each six month period" (Paragraph 8, Appendix "0"). Clearly, calendar months
in which the employee performs only limited or no actual service would have no meaning
to the employee at the time
of
the 6-month periodic examination demanded by the
Agreement.
While the language construction of Rule 47 may not be as clear in its meaning of
a 6-month period as would be desired, and with the recognition by the Board of the
separate and distinct applicability of Rule 47 versus Rule 50, the totality of the training
program concept and the attendant pay rate adjustments as the training progresses
Form 1 Award No. 31956
Page 8 Docket No. SG-32201
97-3-94-3-631
convinces the Board that the .Assistant Signalman must under Rule 47 and Appendix
"O" perform six months
of
service in the respective step rates before becoming. eligible
for advancement to the next step rate. When this conclusion is coupled with the more
than ten years
of
unchallenged application by the Carrier of the 130 days of service as
a measure
of
a 6-month period, it becomes abundantly clear that this was the intent of
the parties. Therefore, the claim as advanced in this dispute 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 19th day
of
March 1997.