Form 1
PARTIES TO DISPUTE
:
STATEMENT OF CLAIM
:
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33227
Docket No. SG-34287
99-3-97-3-885
The Third Division consisted of the regular members and in addition Referee
James E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
(Wheeling & Lake Erie Railway Company
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Wheeling & Lake Erie Railway Company
(W&LE):
Claim on behalf of G.J. Remenaric for payment of an additional
three hours per week at the straight time rate, beginning October 14,1996,
and continuing for the term of the violation, and for the Claimant to be
given a seniority date of October 14, 1996, in the Senior Communication
Technician class, account Carrier violated the current Signalmen's
Agreement, particularly Rules 2 and 6, when it abolished the position of
Senior Communication Technician and created a lower-rated position of
System Communication Technician to cover the same class of work.
General Chairman's File No. 231/961130B. BRS File Case No. 10468W&LE(S)."
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.
Form 1 Award No. 33227
Page 2 Docket No. SG-34287
99-3-97-3-885
This Division of the Adjustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute were given due notice of hearing thereon.
This dispute has its basis in Appendix 1- RATES OF PAY of the negotiated Rules
Agreement. That Appendix reads as follows:
RATES OF PAY
Position
1. Senior Signal Technician
Senior Communication Technician
2. Signal & Communication Foreman
3. Signal System Technician
Communication System Technician
4. Signal & Communication Technician
5. Assistant*
"APPENDIX 1
Per Hour Per Week
$ 12.50 $ 650.00
$ 12.50 $ 650.00
$ 12.50 $ 612.50
11.50 $ 563.50
9.125
Note: Wages will be rounded off to the nearest cent.
The W&LE shall maintain at the least one (1) position as Senior
Technician and three (3) positions as system technician. However, if there
is two (2) Senior Technicians, the W&LE may reduce the systems
technicians to two (2) positions. One senior or system technicians shall be
assigned to communications.
* Assistants - Employees which have two years or less service with the
W&LE."
lo/
Form 1
Page 3
Award No. 33227
Docket No. SG-34287
99-3-97-3-885
The fact situation which existed in this case was as follows:
Prior to 10.1-96 there were two Senior Technician positions in
existence - one as a Senior Signal Technician and the other as a
Senior Communication Technician;
7.
On 10.1-96 the incumbent of the Senior Communications
Technician position was promoted to a supervisory position;
The Senior Signal Technician position continued in existence;
The Senior Communications Technician position was abolished;
On 10.14-96 a System Communications Technician position was
bulletined;
On 10.24-96 Claimant bid for and was awarded the System
Communications Technician position;
On or about 2-26-97 the Senior Signal Technician position was
abolished and a Senior Communications Technician position was
bulletined;
8. Claimant was awarded the Senior Communications Technician
position.
From this litany of events it is obvious that at all times pertinent during this
dispute Carrier maintained "at the least one (1) position as Senior Technician" as
required by Appendix 1. It is also obvious that there was at all times "one senior or
system technician assigned to communications" (underscore ours).
There is no convincing evidence to support the contention that Claimant was
required to perform the duties of a Senior Communications Technician prior to his being
assigned to such a position. Neither is there any basis to be found in the Agreement to
support a claim for payment of an "additional three hours per week" because of the
rearrangement of forces which occurred in this situation. The claim as presented is
denied.
Form 1
Page 4
Award No. 33227
Docket No. SG-34287
99-3-97-3-885
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 21st day of April 1999.