The Second Division consisted of the regular members and in
addition Referee Harry Abrahams when the award was rendered.
SYSTEM FEDERATION NO. 41, RAILWAY EMPLOYES'
DEPARTMENT, AFL-CIO (Sheet Metal Workers and
Electrical Workers)
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Signal employes were used by the carrier in connection with the installation, maintenance and repairing of "Snow Blowers" at Stevens, Kentucky.
The employes herein claim that the Electrical Workers and the Sheet Metal Workers should have been and should be used to do the said work as covered in their respective scope rules of agreement in the place of others including the Signalmen.
The carrier requested in the record that Signalmen, represented by the Brotherhood of Railroad Signalmen of America, be made a party to this dispute.
Signal employes were used by the carrier in connection with the installation, maintenance and repairing of "Snow Blowers" at Stevens, Kentucky.
The employes here claim that the Electrical Workers and the Sheet Metal Workers should have been and should be used to do the said work as covered in their respective scope rules of agreement.
The Brotherhood of Railroad Signalmen of America were not given notice of the hearings in this matter in accordance with Section 3, First (j), of the Railway Labor Act. Before the merits of a dispute are decided by this Board, all parties, "involved", should be given notice of the dispute and an opportunity to be heard, as set forth in our Award No. 2970.
The Brotherhood of Railroad Signalmen of America were and are involved in this dispute, and, therefore, should receive notice in accordance with Section 3, First (j), of the Railway Labor Act.
Consideration of and decision on the merits herein is deferred pending due notice by this Division to the organization of the Brotherhood of Railroad Signalmen of America to appear and be represented in this dispute in accordance with Section 3, First (j), of the Railway Labor Act.
The majority's refusal to decide this case on the merits renders the Division vulnerable to the stalemating of any case simply on the suggestion of a carrier that a third party is involved. The erroneousness of the majority's holding that consideration and decision on the merits should be deferred pending due notice by the Division to the Brotherhood of Railroad Signalmen is readily apparent since the statutory jurisdiction of the Second Division does not include such employes nor does the governing agreement include said employes. 2973-3 491
The majority should have adherred to the rulings of Second Division Awards 340, 1359, 1628, 2315, 2316, 2359 and 2372 and awards of other Divisions, such as Award 8079 of the Third Division, that notice to third parties is not required where the employes' rights, if any, are not controlled by the agreement of the claimant organization or where the employes are members of a craft whose disputes are referrable to other Divisions of the Board and over which the Second Division would have no jurisdiction.