Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36223
Docket No. SG-35707
02-3-99-3-680
The Third Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railway
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Atchison, Topeka & Santa Fe Railway
(ATSF):
Claim on behalf of R. P. Olivier for payment of four hours at the time and
one-half rate, account Carrier violated the current Signalmen's
Agreement, particularly Rule 13, when on March 17, 1988, it called the
Claimant to perform overtime service and then failed to compensate him
for the work. Carrier File No. SIB-98-08-07AA. General Chairman's File
No. BRS 9810513. BRS File Case No. 11064-ATSF."
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.
The Claimant, a monthly rated Signal Inspector, was called to duty outside of his
assigned work hours on March 17, 1998. The claim is based on the assertion the
Claimant was entitled to overtime pay, which the Carrier declined
Form 1 Award No. 36223
Page 2 Docket No. SG-35707
02-3-99-3-680
Rule 13(c)(4) reads as follows:
"Signal Inspectors or Signal Foremen may be called and used to perform
the work of a Signal Maintainer in accordance with the provisions of Rule
12 (b). In such cases, they will be paid [at the overtime rate] under the
provisions of this Rule 13 (b). Signal Inspectors or Signal Foremen who
direct Signal Maintainers making emergency repairs on any day Monday
through Friday or on Saturday will not be allowed additional
compensation."
The Organization contends that the Claimant was called "to clear red signal
trouble." The Carrier states as follows:
".
. . the Signal Maintainer was unable to clear up a signal failure on his
territory on Tuesday, March 17,1998. The Signal Maintainer called the
Claimant for technical assistance. Claimant responded and directed the
Signal Maintainer in making the emergency repairs."
Under the Carrier's explanation, overtime pay is not due, as provided in the final
sentence of Rule 13(c)(4). The Organization fails to state what specific work, beyond
"directing," was performed by the Claimant. Absent such information, the Board has
no basis to sustain the claim.
AWARD
Claim denied.
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 24th day of September 2002.