NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: (a) That the railway violates the provisions of Rule 38 of the agreement between the Central of Georgia Railway Company and the Brotherhood of Railroad Signalmen of America when it refuses to adjust rate of pay of signalman's position at Macon, Georgia.
EMPLOYES' STATEMENT OF FACTS: There is an agreement in effect between the Central of Georgia Railway Company and the Brotherhood of Railroad Signalmen of America, effective July 1, 1921.
Due to a number of changes and additions on the maintainer's section at Byron, involving principally the installation of Centralized Traffic Control, an agreement was reached in accordance with the provisions of Rule 38, quoted above, increasing the rate of pay for the Byron position from 750 per hour to 800 per hour. Until this date the positions at Byron and at Macon paid 75¢ per hour. The adjustment effective October 1, 1928 established a differential of 5¢ per hour and this differential still prevails with the Byron signal maintainer's rate of $1.00 per hour and the rate of other signal maintainers' positions, including the one at Macon, at 950 per hour.
Sometime following the installation of Centralized Traffic Control on the Byron signal maintainer's section, a substantial change was made by the addition of Centralized Traffic Control on the signal maintainer's section at Macon.
The management of the railroad granted the increase of 5 cents per hour on the above understanding, and on October 2, 1928, letter was addressed to the General Chairman of the B. R. S. of A. as quoted below:
The agreement was adhered to by the B. R. S. of A. Committee for many years, as you will observe the Macon territory has had 13.86 miles of centralized traffic control on it for over 12 years. The present maintainer bid in this section, starting work December 9,,1940, and then set up a claim on May 14, 1941, that this territory should have a 5 cents per hour increase. This request for an increase in pay on this territory was denied on the ground that the increase in the year 1928 to the Byron maintainer was not to establish a precedent and that the Macon territory is so located other experienced signalmen and relief maintainers are available in case any difficulties should arise and the maintainer should need assistance. Further, it is the headquarters of the signal supervisor and signal engineer and his staff. Therefore it was not necessary to request the committee to co-operate, as was done on the Byron section, in order that the best man available could be put on this Macon section, regardless of seniority.
OPINION OF BOARD: This claim is for the establishment of the same rate of pay on the Macon signal maintenance section as that established on the Byron signal maintenance section in 1928. The employes, in support of their claim, rely on Rule No. 38 of the current agreement, which reads:
Prior to October 1, 1928, the agreed rate of pay for signal sections was seventy-five cents per hour, and on that date, the pay for the Signalman in charge of the Byron section was increased five cents per hour, but the increase did not apply to other sections. This differential is still in existence.
The employes claim that the work at the Macon section is very similar to that in the Byron section, and, therefore, should be paid the same. There is some dispute between the parties as to the comparison of the work and apparatus to be maintained on both sections in question. 2059-6 418
The Macon section was in existence for many years prior to the establishment of the differential rate at Byron. From 1924, the maintainer on this section had 3.5 miles of centralized traffic control to maintain on the Atlanta District. In 1929, centralized traffic control was added on 5.34 miles of track on the Savannah District. In 1930, due to the change in the limits of this section, the maintainer on this section was relieved of the 3.5 miles of centralized traffic control on the Atlanta District, and the limits were extended on the Albany District requiring the maintenance of a total of 13.86 miles of centralized traffic control of single track. There is, also, 1.7 miles of signaled double track.
Both the Byron and Macon Sections, as they existed prior to the installation of centralized traffic control, had automatic signals, interlocking plants, one or more grade crossing protections, and other signal apparatus.
The issue in this claim is, Was there a new position created by the changes made in the years 1929 and 1930?
A similar question was before this Board in Award No. 482. In ruling that claim, the Board said:
Consequently, in this case the additional miles of centralized traffic control and increased responsibility would not create a new position. The parties to this claim for approximately eleven years did not treat this as a new position. If it had been a new position, it should have been bulletined under Rule No. 28. That rule requires new positions to be bulletined.
If the Macon section is entitled to an increase in pay, it is a matter to be settled by negotiation, as was done at Byron in the year 1928.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the carrier and the employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and