Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37865
Docket No. SG-38027
06-3-03-3-468
The Third Division consisted of the regular members and in addition Referee
Robert Richter when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(BNSF Railway Company
STATEMENT OF CLAIM:
"1. Claim on behalf of the General Committee of the Brotherhood
of Railroad Signalmen on the Burlington Northern Santa Fe
Railroad.
2. Claim on behalf of J. D. Bachus, for 11 hours at one and onehalf times his straight time rate of pay including skill pay,
account Carrier violated the current Signalmen's Agreement,
particularly Rules 2 and 10, and former ATSF Rule 12; when
on August 16, 19, 21, and 26, 2002, and September 3, 5, and 6,
2002, it used a relief signal maintainer and two signalmen off a
gang to work overtime on maintenance following a tie and
surfacing gang on the Claimant's assigned territory instead of
calling and using the Claimant. Carrier's action deprived the
Claimant of the opportunity to perform the overtime work.
Carrier's File No. 35 02 0071. General Chairman's File No.
02-089-BNSF-33-K. BRS File Case No. 12724-BNSF."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 Award No. 37865
Page 2 Docket No. SG-38027
06-3-03-3-468
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.
Parties to said dispute were given due notice of hearing thereon.
On September 20, 2002 the Organization filed this claim. The claim was filed
for four days in August. The claim before the Board includes three claim dates in
September. Those dates cannot be considered by the Board.
The facts in this case reveal that the Claimant was assigned as a Signal
Maintainer on the dates in question. During the claim period a Tie Renewal and
Resurfacing Gang performed planned construction work on the Claimant's
territory. Two Signalmen and a Relief Signal Maintainer were assigned to the
Track Gang to insure the integrity of the signal system. On the dates in question the
three signal employees performed overtime in connection with the work of the
Track Gang.
The Organization claims that the Claimant should have been called to
perform the overtime work.
The Carrier cited numerous Awards that support its position that the
overtime properly accrued to the signal employees who were on the work site
performing those same duties during the normal work hours.
The Organization failed to prove that the Agreement was violated.
AWARD
Claim denied.
Form 1 Award No. 37865
Page 3 Docket No. SG-38027
06-3-03-3-468
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 Ist day of August 2006.