Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37187
Docket No. SG-38015
04-3-03-3-453
The Third Division consisted of the regular members and in addition Referee
Martin H. Malin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation (Amtrak)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the National Railroad Passenger Corp.
(formerly National Railroad Passenger Corp.):
Claim on behalf of signal gangs on Local 18, for Carrier to place the
gangs back to their normal hours and to follow proper procedure as
outlined in the current Agreement, account Carrier violated the
current Signalmen's Agreement, particularly Rule 22, when it
changed the gangs start times without giving a copy of the letter
outlining the changes to the Local Chairmen. Carrier's File No.
NEC-BRS(S)-SD-977. General Chairman's File No. JY32101011180210. BRS File Case No. 12752-NRPC(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.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Form 1 Award No. 37187
Page 2 Docket No. SG-38015
04-3-03-3-453
Parties to said dispute were given due notice of hearing thereon.
On May 23, 2002, the Carrier notified the members of construction gangs in
BRS Local 18 that their schedules were being changed from five eight-hour days
with Saturday and Sunday rest days to four ten-hour days with Friday, Saturday
and Sunday rest days. It appears that the Carrier also sent notice via U.S. mail to
the Local 18 Local Chairman responsible for the gangs involved, but not to the
second Local Chairman of Local 18. The Organization contends that the Carrier
violated Rule 22 by its failure to send notice to the second Local Chairman.
However, the record reflects that the employees affected by the change received
notice, were afforded their right to exercise seniority, that no employee chose to
exercise seniority and that notice was mailed to one of the Local Chairmen. At most
the Organization established a technical violation in the failure to send notice to the
second Local Chairman but, to the extent that such a technical violation exists, it
does not justify the remedy sought or any other remedy.
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 28th day of September 2004.