Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37192
Docket No. SG-38059
04-3-03-3-479
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. M. Jefferson, for 3 hours at the straight time
rate of pay, account Carrier violated the current Signalmen's
Agreement, particularly Appendix B-4, Procedure for calling C&S
Department Employees For Trouble Involving Maintainer's Work
Outside Their Regular Work Hours and Rule 2 Classifications,
when on April 1, 2002, Carrier called a Communications Inspector
for the trouble instead of the Claimant who should have been
number 2 on the C&S call-out list and should have been called.
Carrier's actions deprived the Claimant of this work opportunity.
Carrier's File No. NEC-BRS(S)-SD-981. General Chairman's File
No. JY32101022-1060212. BRS File Case No. 12754-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.
Form 1 Award No. 37192
Page 2 Docket No. SG-38059
04-3-03-3-479
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
On April 1, 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.
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.