"Claim on behalf of the General Committee of the Brotherhood of Railroad Signalmen on the Union Pacific Railroad Company:

Claim on behalf of J. L. Duree for payment of the difference between the rate of pay for a Signalman and that of a Lead Signalman plus skill pay for all services rendered on January 11, 12, 19, 20, 24, 25, 26 and 27, 2000, and February 8, 2000. Account Carrier violated the current Signalmen's Agreement, particularly Rule 1 when it required the Claimant to perform the duties of Lead Signalman and then failed to properly compensate him for doing so. Carrier File No. 1224540. General Chairman's File No. W-1-050. BRS File Case No 11474-UP."

Parties to said dispute were given due notice of hearing thereon.

The Organization here contends that Claimant J. L. Duree was improperly compensated after performing work of a higher classification on various dates in January and February while assigned to a Signal position on Gang 5714 at Atwater, California. Specifically, the claim asserts that the Claimant was required to perform the duties of a Leading Signalman on the dates identified above, but was not paid the higher rate of pay attributable to that position.

By letter dated April 27, 2000, the Carrier denied the claim on grounds that the Claimant was not able to demonstrate specifically what work he was directed to perform outside of his classification.

The record indicates that during the time period at issue, the Claimant's gang was split into several groups, each working at different locations. The Claimant remained with one group, and the Carrier insists that he continued to work under the direction of his Foreman and Leadman, although it concedes that neither was physically present at the Claimant's location on the days in question. Thus, the sole issue before the Board is whether the Claimant performed the duties of a Leading Signalman while assigned to his work group without a Leadman actually at the work site.

The governing Rule is Rule 1 - SENIORITY CLASS ONE which reads, in relevant part, as follows:

"N. Leading Signalman: An employee assigned to work with and supervise the work of one or more signalmen or employees of lower classifications, not to exceed four. A leading signalman will be under the supervision of a signal foreman and have common headquarters with the latter."

Although the Organization maintains that as the senior man working independently in his separate group, the Claimant should have been designated as Leadman and paid accordingly for safety reasons, that argument falls apart for lack

AWARD