In this case we have a penalty claim which was presented on behalf of a Signal Maintainer who was regularly assigned to a position which worked from 7:30 A.M. until .1:00 P.M. with a 30 minute meal period. The scheduled workweek of Claimant's position was Monday through Friday. The situation which formed the basis of this claim occurred between the hours of 12:00 Noon and 2:00 P.M. on Friday, November 19, 1993, when a Trainmaster, a non-agreement management employee, placed shunt wires on rails to alter signal aspects while conducting efficiency tests of train crews who were operating in the territory. There is no disagreement between the parties relative to this basic fact situation.
The respective parties and positions in this case are the same as are found in Third Division Award 31816 issued by this Board on December 26, 1996. The Board's examination of the issues involved were fully examined and set forth in Award 31816 and need not be repeated here. Rather, the conclusions reached in Award 31816 are, by reference, incorporated in this Award. The Board again concludes that in circumstances such as existed in this case the placement of shunt wires for the purpose of conducting efficiency tests is work which accrues to Signalmen.
However, as to the monetary remedy here sought. there is no evidence that Claunant suffered any actual loss of work opportunity inasmuch as he was on duty and under pay at the time the disputed work was performed. Therefore. the three hour penalty claim as presented is rejected. Carrier should be aware, however, that Scope Rules are negotiated instruments which are meant to be complied with and that repeated, flagrant violations of such Rules could well result in the assessment of compensatory damages to enforce compliance with the Rules.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.