Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 35586
Docket No. SG-35591
01-3-99-3-510
The Third Division consisted of the regular members and in addition Referee
Curtis Melberg when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Kansas City Southern Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of Railroad
Signalmen on the Kansas City Southern Railroad (KCS):
Claim on behalf of R. A. Shelton for payment of 16 hours at the time and
one-half rate, account Carrier violated the current Signalmen's
Agreement, particularly Rule 12(a) when it required the Claimant to
remain on standby service on December 26 and 27, 1997, without
providing him with any additional compensation for this service. Carrier
File No. K0698-5090. General Chairman's File No. 985912. BRS File
Case No. 11018-KCS."
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. 35586
Page 2 Docket No. SG-35591
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During the time in question here, the Claimant was the incumbent of a monthly
rated Signal Maintainer position, Job 849, headquartered at Ashdown, Arkansas. As
a monthly rated employee, his workweek and compensation were governed by Rule 46
of the parties' Agreement, reading, in part, as
follows:
"RULE 46
MONTHLY RATED EMPLOYEES
(a) . . . Signal Maintainers . . . will be paid a monthly rate .... Except as
otherwise provided, employees filling these positions shall be assigned one
regular rest day per week, Sunday, which is understood to extend 24 hours
from their regular starting time. Rules applicable to hourly rated
employees shall apply to all service on Sunday and to ordinary
maintenance or construction work on holidays or on Saturdays.
(b) Except as provided herein the monthly rate shall be for all work
subject to Rule 1 of this Agreement on the position to which assigned
during the first five days of the workweek, Monday to Friday, inclusive.
Also the monthly rate shall be for other than ordinary maintenance and
construction work on Saturdays."
The Claimant's regular starting time was 8:00 A.M..
On Thursday, December 25, 1997, the Claimant advised the Carrier that he
would be unavailable for standby call service from 4:00 P.M., Friday, December 26,
until 6:00 P.M., Sunday, December 28, and that the Signal Maintainer assigned to Job
805 would be providing coverage for him over the weekend. The Carrier responded by
notifying the Claimant that he could not be released from standby call service until 8:00
A.M., Saturday, December 27, and he was not.
The Organization filed the instant claim contending the Carrier wrongfully
denied the Claimant a "full" weekend off by not releasing him from standby call service
until 8:00 A.M. on Saturday, December 27. Rule 12(a), reading in part as
follows, is
cited in support of the claim:
Form 1 Award No. 35586
Page 3 Docket No. SG-35591
01-3-99-3-510
"RULE 12
CALLS (AVAILABILITY/COVERAGE AND PAY)
(a) .. . Signal Maintainers . . . shall be re uired to stand by for call service
not more than one (11 weekend out of every two (21. Standby schedule
shall be prepared by Management and a copy will be provided to the Local
Chairman. Assigned standby may be adjusted by the affected employee
and an adjoining Signal Maintainer, or Inspector where appropriate,
subject to approval of the Signal Supervisor . . . ." (Emphasis added.)
The Carrier denied the claim, contending the time in question, 4:00 P.M., Friday,
December 26, to 8:00 A.M., Saturday, December 27, was not part of the Claimant's
weekend. The Carrier asserts that the weekend did not begin for him until that
Saturday at 8:00 A.M., his regular starting time, and he was free after that to enjoy his
weekend. To support its definition of a Rule 12(a) "weekend," the Carrier points out
that Rule 46(a), supra, defines a Signal Maintainer's weekly rest day, Sunday, as
extending 24 hours from his/her regular starting time. "Since the Sunday off day begins
at the regular starting time [Rule 46(a)], the weekend must begin at the starting time on
Saturday, which is 8:00 a.m.," the Carrier concludes.
The issue presented, of course, is what constitutes a "weekend" within the
meaning of Rule 12(a). The term is not defined in the Rule, and, as noted, both parties
advanced opposing interpretations of it. As we read the record, however, the
Organization offers only assertions that the Claimant's weekend began at 4:00 P.M.,
Friday, December 26, and at no time, either before the Board or during the handling of
the claim on the property, did it present probative evidence supporting its position or
rebut the Carrier's rationale that the weekend began for him at 8:00 A.M., Saturday,
December 27. Accordingly, because the Organization has the burden of proving the
validity of the claim, we have no alternative but to find that the Organization failed to
satisfy that burden.
AWARD
Claim denied.
Form 1 Award No. 35586
Page 4 Docket No. SG-35591
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ORDER
This Board, after consideration ofthe 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 24th day of July, 2001.