Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37188
Docket No. SG-38028
04-3-03-3-469
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.
Claim on behalf of J. W. Jester, for 3 hours at the straight time rate
of pay, account Carrier violated the current Signalmen's Agreement,
particularly Rule 2, when on April 25, 2002, Carrier called a
communications inspector to reset the carrier at Frazer C.I.H. that
had shut down, instead of calling the Claimant who is an electronic
technician and should have been called. Carrier's actions deprived
the Claimant of this work opportunity. Carrier's File No. NEC-BRS(S)-SD-982. General Chairman's File No. JY32101019-1060212. BRS
File Case No. 12757-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. 37188
Page 2 Docket No. SG-38028
04-3-03-3-469
Parties to said dispute were given due notice of hearing thereon.
On April 25, 2002, there was a communications failure between Thorn Tower
and Frazer Interlocking. Using the call out list for the Lancaster, Pennsylvania,
communications group, the Carrier called a Communications Inspector to identify
and correct the problem. The record reflects that the Carrier acted in accordance
with the Agreement by following the call out list. To the extent that there may be an
issue with the call out list, the Board lacks authority to address such a matter.
AWARD
Claim denied.
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.