Force l NATIONAL RAILROAD ADJUSTMELTT BOARD
Award
I;o.6581
SECOND DIVISI01: Docket ?3o.
0445
The Second. Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
( System Federation
rig. 42,
Railwaay Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Seaboard Coast Line Railroad Company
Dispute: Claim of Emuloyes:
1. That the Seaboard Coast Line Railroad Company violated the Coermunicatior
Maintainers Agreement, including the provisions of Rule 1(a), by
assigning certain radio work to employes of the Electrical Craft
covered by another agreement, when such radio worst should have been
assigned to Com.~unications Maintainers J. F. Speight, P. S. Howell
an," D. E. 3;z~ler .
2. Taat accordingly, the Seaboard. Coast Line Railroad Company be ordered
to compensate Communications Maintainer J. F. Speight in the amount
of
8
hours at the overtime rate for work perforated on May 12, May
. 17 and May 25, 1971; Communications Maintainer Td. S. Howell in the
amount of
I?
hours at the overtime rate for work performed on Play
13 and _~fay 21,
1970;
and Communications Maintainer D. E. Butler in
the amount of 22 hours and
40
minutes at the overtime rate for work
0
performed on April 13, May 12, May 13? May
17,
May 21 and .May
25,1971.
Findings
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are res=ectively carrier and employe within the meaning of the Rail=.ray
Labor Act as approved June 21,
1934.
This Division of the Adjustment Board has jurisdiction over tile dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The circumstances surrounding this matter, which are not in dispute,
involve the installation and removal of radio equipment on an engine and several
caboose.; on .fire different: aaya in
1971.
Petitioner alleges that this work, which
was accomplished by Shop Craft Electricians, should have beer, assigned to
~~::~un:iC3~14Jn
::c into leers. It should be
n:aea
that both groups of employees are
represented. by 'the aa~ne Crganization, but under separate Agreements, signed
by
the
sa-ae Organization
of-!_"icial
and both effective January 1,
1963.
Form 1 Award hTo.6591
is e 2 Dcchet No.
6445
2-SCL-E;=;
-'~3
The record. indicates that the work in question had been performed by the
Electricians for manly years on the predecessor railroads, Atlantic Coast Line
and Seaboard .Air Lines, and also on the current Carrier since
10)8.
In fact the
I·iaintainers filed a number of
claims
in
lc63,
shortly after the effective date of
the ASreetrent, ob,jectii.3 to being called to perform: the disputed xork '~Iaen
electricians viere not availnblc; t'Zis situation. oas corrected to conform to the
A-reement. :line 1 (a) of the Communication i:iaintainers Ar;-ree·nent and Rule
93
cf
the Shop Crafts :`,graement both ccntain the identical proviso: "Mechanical
Department Electricians will install and remove radio and radio equipment on
locomotives and cabcoses."
When the terms cf an Aoreelent are clear and
unambiguous,
there is no
need to look beyond it. b~.en there is doubt as to the meaning of the terms of
an Agreement, the conduct
cr
to parties over time is the best e.·iaence of t'neir
intent (Awards 3220, is t Divi sic.n Award.
14328.,
Third Div. Award 12367) . In 'the
matter before us there is clear language of the Agreement and consistent practice
of the parties' bot-h
c-L
v;=hich
leave us no choic.e: the cla.3.m must be denies,..
A W A R D
Claim denied..
. Ta,ATfnr,qTr,
T?qTT^nan ATV1T-~rz'r*m
TZn:,10r
By Order cf Second Division
Attest: Executive Secretary
Pdational
Railroad Adjustment Board.
By
Rr9
-eraarie Brasch - Administrative Assistant
Dated At Chicano, Illinois this 14th
day of
November,
1973.