Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 38222
Docket No. SG-38284
07-3-04-3-186
The Third Division consisted of the regular members and in addition Referee
Elizabeth C_ Wesman 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 Railroad:
Claim on behalf of J. J. Burns and G. L. Bassett, for 10 hours each
at the overtime rate of pay, account Carrier violated the current
Signalmen's Agreement, particularly Rules 13, 15, 16 and 80, when
on Saturday, March 1, 2003, Carrier allowed two employees junior
to the Claimants to perform Signal Maintainer's work at Mile Post
287.2 near the North Platte, NE, westbound classification yard. The
Claimants have territories adjacent to the area where the work was
performed and Carrier in the past has allowed senior employees
from adjacent territories to perform the work. Carrier's File No.
1361227. General Chairman's File No. N 13 15 325. BRS File Case
No. 12875-UP."
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. 38222
Page 2 Docket No. SG-38284
07-3-04-3-186
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The essential facts of this case are not in dispute. Signal Maintenance Gang
5146 was assigned by bulletin to work in the North Platte, Nebraska, classification
yard. On March 1, 2003, the Carrier required the entire gang to perform
mandatory overtime to complete a project they had begun working on during their
normal workweek. The Organization filed the instant claim on March 16, 2003. It
alleged that the Claimants, who were Signal Maintainers senior to Gang 5146
members K. J. Svejkovsky and C. E. Stock, should have been called in to do this
work in their stead. The Organization proposed that, because the Claimants
worked on territory adjacent to the classification yard, they should have been called
in for the overtime work.
In its May 9, 2003 denial of the claim, the Carrier noted that the Claimants
were both Signal Maintainers regularly assigned to mainline territories, not to the
classification yard. The Organization appealed the Carrier's denial of the claim by
letter of June 11, 2003, and the matter was subsequently progressed up to and
including conference on the property on September 16, 2003, after which it
remained in dispute.
The language of Rule 13 - Overtime is clear. "Where gang men are required
to work overtime, the senior man in a class in the gang will be given preference to
such overtime work." (Emphasis added.) There is no controversy in the record that
the employees used for overtime in the classification yard were all members of
Signal Maintenance Gang 5146. The Organization failed to show any contractual or
historical support for its premise that the Carrier is obliged to reach to more senior
employees on adjacent territories when the members of the regularly assigned gang
are available for overtime work on their own assigned territory.
In light of the foregoing, the instant claim is denied.
Form 1 Award No. 38222
Page 3 Docket No. SG-38284
07-3-04-3-186
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 ADJIJSTNWNT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of June 2007.