Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 32797
Docket No. SG-33012
98-3-96-3-420
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 two hours and 40
minutes at the time and one-half rate, account Carrier violated the current
Signalmen's Agreement, particularly Rule 17(a), when it used a Signal
Technician instead of the Claimant to perform emergency repair work at
the hump on January 16, 1995, and deprived the Claimant of the
opportunity to perform that work. General Chairman's File No. 95-41BRC. BRS File Case No. 9786-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. 32797
Page 2 Docket No. SG-33012
98-3-96-3-420
At the crux of the issue in this case are Rule 17 (a) and Rule 3 1/2 (B):
"RULE 17(al
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, snow 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 3 1/2 lB) -SIGNAL TECHNICIAN
An employee who is assigned to perform the maintenance, testing,
adjustment, repair and replacement of computerized control systems a_nd
associated field devices. This rule shall not be construed to limit or
prohibit the Signal Technician or any Signal employee from making tests,
inspection and repairs to the control systems or from working on any
signal equipment."
On January 16.1995. the third shift Hump Technician came down from the hump
tower to make an adjustment on a switch presence detector due to failure. On March
9, 1995, the Organization filed a claim alleging that Carrier had violated the Agreement
by not calling the Claimant to perform this work at the overtime rate.
The Board has reviewed the entire record carefully. We find that the contract
language in this case is clear. In making the minor adjustment. to wit, opening a
junction box. pushing the reset button and returning to the hump tower, the Hump
Technician was working well within the definition set forth in Rule 3 1/2 (B) and not in
contravention of Rule 17 (a).
AWARD
Claim denied.
Form 1 Award No. 32797
Page 3 Docket No. SG-33012
98-3-96-3-420
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 23rd day
of
September 1998.