Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37191
Docket No. SG-38032
04-3-03-3-470

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:


STATEMENT OF CLAIM:



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.
Form 1 Award No. 37191
Page 2 Docket No. SG-38032
04-3-03-3-470

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.




On Saturday, June 15, 2002, the 430 W. Signal at Penn Station, New York, malfunctioned. It was necessary to obtain a signal dump to review the signal's prior performance. The Carrier called an Electronic Technician headquartered at Penn Station on Sunday, June 16, 2002, to perform the signal dump. The Organization contends that the Carrier should have called the Claimant, who was headquartered at Nassau Tower, in Princeton, New Jersey, and who had greater seniority than the employee who was called. Both Nassau Tower and Penn Station are within the New York Metropolitan Division and the Claimant's and the other Technician's positions were advertised for the entire division.





Specifically at issue is whether the words "section involved" refer to the entire New York Metropolitan Division, as argued by the Organization. The Board believes that the parties intended that the word "section" be interpreted in light of the circumstances. It would not make sense for the first call for work at Penn Station to be made to an employee in another part of the division which could be hours away. Rather, we believe that under the circumstances, the parties intended "section involved" to refer to employees regularly assigned at Penn Station. Accordingly, we hold that the Carrier acted in accordance with Appendix B-4 when it called the technician who was regularly assigned to Penn Station.

Form 1 Award No. 37191
Page 3 Docket No. SG-38032
04-3-03-3-470







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.