Foam 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7773
SECOND DIVISION Docket No. 7538-T
2-scL-Ew-'78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden 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
required and permitted Signal Maintainers to perform Communications
Maintainers' work between the dates of October 28, and December 6,
197 4.
2. That accordingly, the Carrier b e ordered to additionally compensate
Co~unications Maintainer G. T. Langston forty-one (41) hours at
his 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 ox employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 193+.
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 based on the alleged assignment of work covered by the
Communications Maintainers Scope Rule 1(g) to Signal Maintainers. The
Brotherhood of Railroad Signalmen were given notice of the apIreal of this
claim b y this division of the Board and they have submitted 'their response
to the submissions of the parties herein.
As finally progressed to this Board the gxaveman of the instant claim
is the assignment of the removal of certain abandoned Western Union cross
aims to Signal employes. The Organization alleges that the work in question
is specifically covered by the Classification of
'ITT
Rule 1(a) and xesexvecL
to the Communication Workers by rule 29(a),
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Foam 1 Award No.
7773
Page
2
Docket No.
7538-T
2-SCL-EW-'78
l(a) "Communications Maintainers' work shall include constructing,
installing, repairing, maintaining, inspecting, testing and
removing of Company owned: communication lines and their supports,
wires and cables, telephone, telegraph, teletype, switchboards,
communication plant equipment, and wireless voice communication
equipment, together with all
appurtenances, devices, apparatus
and equipinerzt necessary to said systems and devices as named herein,
and all other work generally recognized as Comnnznications
Maintainers' work.
No employee other than those classified herein will be required
ox .permitted to perform any of the work covered by this Agreement."
29(a)
"None but Coranunicatians Maintainers ox their assistants
regularly employed as such shall do Communications Maintainers'
work as per Rule 1."
The specific language in Rule 1(a) relied on bar the claimant, is that
describing maintaining and removing of Corcipa.ny owned Communication lines and
their supports, wires and cables, and telephone and telegraph equipment.
We have reviewed the submissions carefully and find that on the whole,
particularly with reference to Exhibit IT of this Organization they support
the interpretation of the Agreement rules as urged by the Organization.
The old Western Union cross arm. fall within the description of rule 1 (a)
in that they are Company owned and were fax the support of the communication
lines. They could also, reasonably be classed as "appurtenances, devices,
apparatus and equipment necessary to said systems and devices as named
herein". The work was ir:.pxopexly assigned in violation of the Agreement.
A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest; Executive Secretary
National Railroad Adjustment Board
~"`p osemarie Brasch - Ahrizistxat2ve Assistant
Date . at Chicago., Illinois, this 20th day of December,
1978.
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