Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7215
SECOND DIVISION Docket No. 7050-T
2 -SCL-EW -' 77
The Second Division consisted of the regular members and in
addition Referee Gene T. Ritter when award was rendered.
(- System Federation No. 42, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
( Seaboard Coast Line Railroad Company
Dispute: Claim of Employes:
1. That the Seaboard Coast Line Railroad Company violated the current
working agreement, particularly Rules 1(a) and 29(a), when Carrier
assigned Assistant Signal Maintainers to perform work of Seaboard
Coast Line Communications Maintainers on the dates of April 9
and 10, 1974.
2. That, accordingly, the Carrier be ordered to additionally compensate
Communications Maintainers P. E. Oliver and Orbie Davis, Jr.
twelve (12) hours pay each, at their punitive rate of pay.
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 respectively carrier and employe 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 waived right of appearance at hearing thereon.
This Claim is in behalf of communication employees resulting from two
separate work assignments in which both communication employees and signal
employees were engaged. Both crafts (communication and signal employees)
unloaded
communication and
signal line poles from a gondola car at Waycross
Storage Yard on April 9, 1974; and replaced two communication and signal line
poles. The Signalmens' Organization was made a party to this dispute and
their statement, filad in the record of this Appeal, is hereby acknowledged.
It is the opinion of this Board that Carrier did not violate the
Electrical Workers' Agreement by utilizing both communication employees and
signal employes in the performance of the involved work. The poles which
were unloaded from the freight car were poles used in both signal and
communication line work. The record discloses that it is an established
Form 1 Award No. 7215
Page 2 Docket No. 7050-T
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practice that various crafts have historically handled poles irrespective of
the craft assigned to the installation thereof. The poles involved in this
claim were to be used jointly for communications and signal cables, lines,
etc. Therefore, both the signal employees and the communication employees
had equal claim to this work. For the reason that the involved poles were
for the purpose of supporting both signal and communication wires, it was
entirely proper that employees of both crafts participated in this work.
(See Second Division Award Nos. 5644 and 5781).
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of January, 1977.