NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
Preston J. Moore, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
NEW ORLEANS UNION PASSENGER TERMINAL
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen of America on the New Orleans Union
Passenger Terminal that:
(a) The Carrier violated the Scope Rule and other provisions
of the Signalmen's Agreement when on or about December 15, 1956,
it arbitrarily diverted or otherwise assigned generally recognized
signal work to employes of its electrical department who held no
seniority or rights to any signal work covered by the Signal Employes' Working Agreement.
(b) The Carrier now compensate the members of Signal Gang
No. 2, namely, Signal Testman M. T. Byrd and Signal Maintainers
A. E. Barkdull and R. T. Schoendorf, at their respective pro rata rate
of pay for an amount of time equivalent to that worked by this
Carrier's electrical department employs- during the installation
and all subsequent maintenance of the signals, appurtenances, and
appliances installed at the end of station tracks 1 through 12 for
expediting the movement of trains out of the station.
(c) The Carrier now return the maintenance, inspection, repair, etc., of the above-cited signals and appurtenances to the employes covered by the Signalmen's Agreement and allow the abovecited employes compensation for any and all overtime calls at their
respective overtime rates of pay for an amount of time equal to
that claimed by employes who performed such overtime work.
EMPLOYES' STATEMENT OF FACTS: On or about December 15
through 28, 1956, this Carrier installed signal lamps on the Engineer's side
of tracks 2, 4, 6, 8, 10, and 12, and on the Fireman's side of tracks 1, 3, 5,
7, 9, and 11, beneath the rear end of each train shed at the passenger station
at New Orleans, Louisiana.
[901
10977-15
104
All data given in support of the Carrier's position has been presented
to the claimants or their representatives and are made a part of the question in dispute.
(Exhibits not reproduced.)
OPINION OF BOARD:
This is a dispute between The Brotherhood of
Railroad Signalmen of America and The New Orleans Union Passenger
Terminal.
The Carrier installed signal lamps beneath the rear end of each train
shed at the passenger station at New Orleans, Louisiana. The lamps are a
signal to the conductor that the train is ready for departure.
Petitioner claims that it is signal work. Carrier contends that Claimants were not qualified under city ordinance requiring licensed electricians.
"Article 5002.
"LICENSE REQUIRED. Any person, firm or corporation who
engages in the business of constructing, installing, or repairing electrical wiring and equipment who is not or does not employ a Licensed
Electrician shall be held in violation of this Code."
The above ordinance makes it illegal for a person to perform electrical
wiring without an electricians certificate. There is no evidence from the
record that any of the Claimants were licensed. All contracts or Agreements
must recognize existing laws. Therefore Claimants are not entitled to the
work. There are other issues but since the claim falls for this reason, we
see no need to determine other issues.
For the foregoing reason, we believe the Agreement was not violated.
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 Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 18th day
of December 1962.