Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 36782
Docket No. SG-37300
03-3-02-3-309
The Third Division consisted of the regular members and in addition Referee
Rodney E. Dennis when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Santa Fe Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Burlington Northern Santa Fe (BNSF):
Claim on behalf of J. T. Wadeson, for five hours at the time and onehalf rate, account Carrier violated the current Signalmen's
Agreement, particularly Rule 1, 2, 12 and 45, when it failed to call
the Claimant for overtime service on February 23, 2001, near Mile
Post 8.3, on the Devil's Lake Subdivision, Minnesota Division.
Carrier's File No. 35 010025. General Chairman's File No. 01-023BNSF-154-TC. BRS File Case No. 11919-BNSF."
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. 36782
Page 2 Docket No. SG-37300
03-3-02-3-309
At about 4:00 P.M. on February 23, 2001, a Track Gang was called to replace
a defective rail at Mile Post 8.3 on Devil's Lake Subdivision of the Minnesota
Division. A Track Inspector discovered the defect earlier that day. Signal
Maintainer S. L. Schmitt installed the bond wires and tested the signal system when
he reported to work at his regular starting time on Monday, February 26, 2001.
This case is identical to Third Division Award 36781, wherein the Carrier
failed to call a Signalman, who, by the Carrier's Rule, should have been called when
a rail was being replaced. The Carrier also violated the Agreement by failing to
have a Signalman present on site when the signal system was interrupted. In Award
36781, as well as in this docket, the Carrier readily admitted to violating a number
of Rules by not notifying the Claimant when rail replacement was required.
The Board therefore concludes that the Claimant shall be paid a two hour 40
minute call as an appropriate remedy in this instance.
AWARD
Claim sustained in accordance with the Findings.
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 29th day of December 2003.