NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
ILLINOIS CENTRAL RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen of America on the Illinois Central Railroad
Company that:
(a) The Carrier violated the Scope Rule and other provisions
of the Signalmen's Agreement; Letter of Agreement dated September
14, 1956. Carrier's File No. 134-213-53; and the understanding and
conditions expressed by General Chairman C. S. Chandler in his letter
of October 1, 1956, accepting the settlement offered in the Letter
Agreement dated September 14, 1956, when on December 17, 1956,
the Carrier issued a letter to All Signal Employes (Mississippi Division) erroneously and arbitrarily assigning the signal work of cleaning
lamps and replacing of bulbs in battery operated electric switch lamp
signals to its Maintenance of Way Employes, who are not covered by
and hold no seniority or rights to any signal work covered by the
above-cited agreements.
(b) The Carrier now be required to return the above cited signal
work to its Signal Department employes and compensate the signal
employe on whose assigned territory the switch lamp signals are
located for an actual amount of time consumed by the Maintenance
of Way employes during regular assigned hours at the pro rata rate
of pay and for two hours and forty minutes at overtime rate of pay
and for two hours and forty minutes at overtime rate of pay for
each overtime call when Maintenance of Way employes performed
overtime service on the above-cited signal appurtenances and appliances. This claim to run until such time as the signal work is returned
to this Carrier's Signal Department employes as outlined in General
Chairman C. S. Chandler's letter of February 20, 1956. Carrier's File
No. 134-213-53.
OPINION OF THE BOARD:
Under date of December 17, 1956, the
Carrier issued a letter of instructions to its employes which the claimants
allege was contrary to an understanding reached in correspondence between
the Organization's General Chairman and the Carrier's Manager of Personnel.
After receiving a protest from the Organization, Carrier's letter was rescinded
on January 10, 1957. Part (a) of the claim thereupon became moot.
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There is no evidence in the record that any of the work in dispute has
been performed by employes other than those covered by the Signalmen's
Agreement, and since an agreement dated June 17, 1958, between the Carrier
and the Organization resolved the question of how the disputed work would
be assigned, part (b) of the claim is also moot.
It would, therefore, serve no useful purpose for us to resolve the questions
affecting the merits, procedure, and jurisdiction raised by the parties.
The claim will be dismissed.
FINDINGS:
The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 claim presents a moot question and should be dismissed.
AWARD
Claim dismissed.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1962.