Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37018
Docket No. SG-36980
04-3-01-3-551
The Third Division consisted of the regular members and in addition Referee Francis
X. Quinn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Union Pacific Railroad Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Union Pacific Railroad Company:
Continuing claim on behalf of R.B. Dickey for payment of 48 hours at
half-time rate. Account Carrier violated the current Signalmen's
Agreement, particularly Rule 5, when on six consecutive Sundays in July
and August of 2000, Carrier required the Claimant to perform ordinary
maintenance and failed to compensate him at the overtime rate for doing
so. BRS File Case No. 11858-UP.
Carrier File Numbers General Chairman's File Numbers
1244479 S-5,E-095
1244478 S-5,E-093
1245865 S-5,E-098
1245866 S-5,E-101
1245868 S-5,E-104
1245863 S-5,E-106"
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 37018
Page 2 Docket No. SG-36980
04-3-01-3-551
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.
This dispute consists
of six
claims by the Claimant involving the same issue. The
Claimant was a Signal Maintainer. The Carrier moved to seven-day maintenance. The
Claimant's schedule was changed from his regular five-day a week position Monday
through Friday.
Rule 5 D
of
the Agreement provides:
"where the nature
of
the work is such that employees will be needed seven
days each week, any two consecutive days may be the rest days in favor of
Saturday and Sunday."
The Carrier demonstrated a significant level
of
activity that necessitated staggered
workweeks. Operational requirements were such that Saturday- Sunday maintenance was
required. Rule 5 D provides a means to meet those requirements through staggered
workweek scheduling. See Third Division Award 30011 and Second Division Award 8982.
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 18th day
of
May 2004.