NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Howard A. Johnson, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood that:
(1) The Carrier violated the Agreement beginning on January 20, 1954, when it abolished positions of Crossing Watchmen and
Relief Crossing Watchmen at Ashley Street and 0'Fallon Street,
St. Louis, Missouri, and thereafter assigned the crossing protection
work at these crossings to other than employes covered by and subject to the Carrier's Agreement with the Brotherhood of Maintenance of Way Employes;
(2) Crossing protection work at Ashley Street and O'Fallon
Street crossings be restored as it was prior to January 20, 1954, to
employes holding seniority rights under the effective Agreement;
(3) Crossing Watchmen Greer Slinkard, Walter F. Hommert,
Charles J. Heintz, Bidwell Bryant, William C. Buhrmaster and Alvin
W. Brown, as well as any other Crossing Watchmen holding seniority rights on the Merchants Division who has been or may be adversely affected, each be allowed pay at their respective straight
time rate for an equal proportionate share of the total man-hours
consumed by the employes of another craft from January 20, 1954,
until the violation as referred to in part (1) of this claim has been
corrected.
EMPLOYES' STATEMENT OF FACTS:
On January 20, 1954, the
work of protecting vehicular and pedestrian traffic at Ashley and O'Fallon
Street Crossings, St. Louis, Missouri, was assigned to employes holding seniority rights under the Order of Railroad Telegraphers' Agreement. For many,
many years prior to January 20, 1954, the work of protecting these crossings
was performed by employes holding seniority rights in the Maintenance of
Way Department, whose hours of service, working conditions and rates of
pay were and are governed by the Brotherhood of Maintenance of Way
Employes' Agreement.
9056-1s
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men might be eligible for is so insignificant as to bar serious
consideration.
For these reasons we respectfully request this honorable board to reject
this claim.
All data submitted in support of Carrier's position has been presented to
the duly authorized representative of the Employes and made a part of the
particular question in dispute.
(Exhibits not reproduced.)
OPINION OF BOARD: The record shows that The Order of Railroad
Telegraphers is involved in the circumstances and outcome of this claim, and
that consideration of the merits must be deferred pending notice to that Order
with an opportunity to be heard.
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 Employes involved in this dispute are respectively Carrier and Employes 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
That The Order of Railroad Telegraphers is entitled to notice of hearing
pursuant to Section 3, First (j) of the Railway Labor Act as amended.
AWARD
Hearing and decision on merits deferred pending due notice to The Order
of Railroad Telegraphers to appear and be represented in this proceeding if
it so desires.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 18th day of November, 1959.