Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37438
Docket No. SG-37936
05-3-03-3-358
The Third Division consisted of the regular members and in addition Referee
James E. Mason 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 (UP):
Claim on behalf of G. U. Wilson, for 8 hours at his overtime rate of
pay, account Carrier violated the current Signalmen's Agreement,
particularly Rule 16 when on June 22, 2002, a maintenance foreman
was used on the Claimant's territory to assist a signal technician
from 6:00 a.m. to 2:00 p.m., while the Claimant was on duty and
available to work with the technician. Carrier's File No. 1326760.
General Chairman's File No. S-16-305. BRS File Case No. 12640UP."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and 911 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. 37438
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Parties to said dispute were given due notice of hearing thereon.,
This dispute had its origin in a penalty claim submitted by the Organization
on behalf of the Claimant in which it was alleged that on the claim date a
Maintenance Signal Foreman assisted a Signal Technician in the performance of
Signalman's work within the Claimant's assigned territory. The claim asserted that
the Claimant ". . . was on duty and available to work with the Signal Technician."
The claim alleged that the Claimant was entitled to eight hours at the overtime rate
because of the utilization of the Foreman. The Organization alleged that this use of
the Foreman violated the terms and conditions of Rule 16 of the Agreement.
Rule 16 - SUBJECT TO CALL reads as follows:
"A. Employees assigned to regular maintenance duties recognize
the possibility of emergencies in the operation of the railroad,
and will notify the person designated by the Management of
their regular point of call. When such employees desire to
leave such point of call for a period of time in excess of two (2)
hours, they will notify the person designated by the
management that they will be absent, about when they will
return, and when possible, where they may be found. Unless
registered absent, the regular assignee will be called, except
when unavailable due to rest requirements under the Hours of
Service Act, as amended by Public Law 94-348.
1t is agreed that under the provisions of this rule the
Management may, on thirty (30) days written notice to the
employees involved and the General Chairman, schedule
alternate interlocking repairmen and signal maintainers on one
or more of the districts to remain on call on rest days, which
will include all time from the end of the work period on Friday
to the beginning of the work period on Monday. Such
employees designated in the schedule to be available for call
will keep the train dispatcher or the person designated by the
Management informed as to where they can be called, and will
respond promptly when called. Employees will be paid eight
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05-3-03-3-358
(8) hours pro rata rate on the rest days on which they are
designated in the schedule to be available for call; and if called
to perform service on such days, will be paid in addition in
accordance with Rule 13. Employees not scheduled to be
available for call will be relieved on rest days except where
emergency conditions necessitate their being available, in
which event they will be notified prior to the end of the work
period of the preceding day and paid in the same manner as
employees scheduled to be available.
The schedule designating positions, incumbents of which will be
required to be available for call on rest days, will be prepared
for a six (6) months or longer period by the General Chairman
and the designated Carrier Officer or their designee.
B. The allowance provided in Section A of this rule is not
applicable to employees called or notified in advance to work
on rest days, or who are given the option of working on rest
days.
C. Regularly assigned signalmen required to be available for call
on rest days while temporarily relieving signal maintainers or
interlocking repairmen who are scheduled to be available for
call on such days, in accordance with Section A of this rule, will
be allowed minimum of eight (8) hours' compensation at rate of
time and one-half.
Unassigned signalmen or assistant signalmen required to be
available for call on rest days while temporarily relieving signal
maintainers or interlocking repairmen who are scheduled to be
available for call on such days in accordance with the
provisions of Section A of this rule will be allowed eight (8)
hours' compensation at pro rata rate.
No compensation will be allowed employees relieving signal
maintainers or interlocking repairmen on rest days unless
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required to work or be available for call in accordance with the
provisions of Section A of this rule.
Existing provisions that punitive rates will be paid for Sunday
as such are eliminated. The elimination of such provisions does
not contemplate the reinstatement of work on Sunday which
can be dispensed with. On the other hand, a rigid adherence to
the precise pattern that was in effect immediately prior to
September I, 1949, with regard to the amount of Sunday work
- that may be necessary is not required. Changes in amount or
nature of traffic or business and seasonal fluctuations must be
taken into account. This is not to be taken to mean, however,
that types of work which have not been needed on Sundays will
hereafter be assigned on Sunday. The intent is to recognize
that the number of people on necessary Sunday work may
change.
NOTE 1: `Emergency' as referred to herein has reference to a
present existing situation and not to anticipated future
trouble.
NOTE 2: The Local Chairmen and Local Management may agree
to establish lists or other means in which to determine
which employees are to be called under this rule, subject
to review by the General Chairman and Labor
Relations."
It is clear from the case record that the Claimant was not on duty on the
claim date but rather was off duty observing one of his assigned rest days. The
record is also clear that the work performed by the Foreman and Technician on the
claim date was part of an on-going project and was performed on a regular work
day of their assignment at the straight time rate of pay.
There is no evidence in the record to show that there was any emergency
service performed on the claim date. There is no evidence in the record to show that
there was any planned overtime work performed on the claim date which could
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have triggered an application of the provisions of Rule 16. There is no evidence in
the record to disprove that the work performed by the Foreman and Technician was
anything other than a part of an on-going project. There is no evidence in the
record to disprove that the work performed by the Foreman and Technician was
anything other than the normal straight time duties of their assigned positions.
There is no evidence in the record to support the contention that the
Claimant was aggrieved in any way. The claim as presented is therefore denied.
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 22nd day of March, 2005.