Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32132
Docket No. SG-32729
97-3-96-3-32
The Third Division consisted of the regular members and in addition Referee
Edwin H. Benn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DIte:
(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 R. J. Long for payment of six hours at the
straight time rate and four hours at the time and one-half rate, account
Carrier violated the current Signalmen's Agreement, particularly
Appendix 'K', when it used an employee from another seniority district to
perform work in the Claimant's seniority district on June 15, 1994, and
deprived the Claimant of the opportunity to perform the work. Carrier's
File No. SG-814. General Chairman's File No. RM2686-2-195. BRS File
Case No. 9701-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 were given due notice of hearing thereon.
Form 1 Award No. 32132
Page 2 Docket No. SG-32729
97-3-96-3-32
A severe storm on June 15, 1994 caused downed pole lines and trees damaging the
signal system near Mile Post 184 on the Ft. Wayne Line in Seniority District #15.
Scheduled train service in the area was disrupted. In response, the Carrier called all
available C&S employees in Seniority District #15 to work. Claimant worked on that
date. The Carrier also called a Signal Inspector from District #19 who was in close
proximity to the storm damage. This claim followed protesting the use
of
an employee
from a different seniority district.
The claim will be denied. Clearly, the events
of
June 15, 1994 amounted to an
emergency. The Carrier has a great deal
of
latitude in dealing with emergency
situations. The Carrier's actions in this case fell within that latitude.
AWARD
Claim denied.
ORDER
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimants) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 13th day
of
August 1997.