Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32793
Docket No. SG-32148
98-3-94-3-561
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM
:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Belt Railway Company (BELT):
Claim on behalf of C.J. Jacob for payment of a total of 14 hours at
the time and one-half rate and on behalf of J. Espana for payment of seven
hours at the time and one-half rate, account Carrier violated the current
Signalmen's Agreement, particularly Rules 17(a) and 67(b), when it used
road maintainers instead of the Claimants to assist with work at the hump
on seven occasions from June 26 to July 30, 1993. General Chairman's
File No. 93-48-BRC. BRS File Case No. 9497-BELT."
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. 32793
Page 2 Docket No. SG-32148
98-3-94-3-561
At the heart of the dispute in the instant case are Rules 17 (a) and Rule 67(b) of
the Agreement between the Parties. Those Rules read in pertinent part as follows:
"RULE 17(a)
1. When extra or overtime work not covered by Rule 48 and not
continuous with regular assignments, is required in connection with the
Hump signal equipment due to failure emergencies such as, but not limited
to derailments, show storms, floods, etc., regularly assigned Hump
Maintainers will be called first, and then, signal gang members will be
called and then Road Maintainers for such work in seniority order.
Finally, by signal employees in seniority order.
RULE 67(b)
(b) Memorandum of Agreement - Effective November 9, 1961.
This will supersede my letter of October 23, 1961, concerning
the changes proposed by you on October 13, 1961, re bulletins No. 61-5
and 61-6:
We agreed to change the assigned territory to read:
from:- System
to .- System, excluding Hump
It was understood and agreed that when unusual situations
arise that require the use of men assigned to system maintenance to assist
on the Hump, they may be so used without penalty by agreement between
the Company's and Employee's representatives."
The contract language in the above-referenced provisions is clear. The Board has
reviewed the record in the instant case and, absent Carrier's showing that there were
unusual circumstances. it was bound to call Hump Maintainers in accordance with Rule
17(a) before calling Road Maintainers to perform the work at issue.
Form 1 Award No. 32793
Page 3 Docket No. SG-32148
98-3-94-3-561
AWARD
Claim sustained.
ORDER
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.
NATIONAL. RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois. this 23rd day of September 1998.