NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN OF AMERICA
THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(Chesapeake District)
STATEMENT OF CLAIM:
Claim of the System Committee of the
Brotherhood of Railroad Signalmen of America on the Chesapeake and Ohio
Railway Company (Chesapeake District) that:
(a) The Carrier violated the current Signalmen's Agreement,
particularly Rules 1 and 25, when it assigned, allowed and/or permitted section forces (employes of another craft) to clean snow and
ice from power interlocking switches at CS Cabin on December 4,
1957, from 2:00 A. M. to 7:30 A. M.
(b) The Carrier now compensate Signal Maintainer R. S. Kennard
and Signal Helper John Vergne, regular assignees on CS Cabin signal
maintenance territory, for five and one-half hours at their respective
overtime rates of pay, for December 4, 1957. [Carrier's file SG-120]
EMPLOYES' STATEMENT OF FACTS: On December 4, 1957, R. S.
Kennard was assigned as Signal Maintainer in charge of the signal maintenance section embracing CS Cabin, Ky., and John Vergne was assigned as
Signal Helper with this Signal Maintainer.
Signal Maintainer Kennard is assigned to, in charge of, and responsible
for the proper maintenance and repair of all signal facilities on the CS Cabin
signal maintenance territory. Signal Helper Vergne in his position as Signal
Helper is required to assist Signal Maintainer Kennard in the performance
of the maintenance duties of CS Cabin territory.
At 2:00 A. M. on December 4, 1957, the Carrier called track laborers
for the purpose of removing snow and ice from the electrically powered
switches at CS Cabin Interlocking. Inasmuch as the Carrier called and used
track laborers to perform work which properly accrues to employes of the
Signal Department namely, Signal Maintainer Kennard and John Vergne,
under the terms of the Signalmen's Agreement, a claim was filed with the
Carrier for the amount of time the track laborers were used in removing snow
and ice from the power-operated switches at CS Cabin Interlocking.
14431
11760-13
455
OPINION OF THE BOARD:
This case is the same as in Awards 10422
and 11759 in all material respects. For the reasons stated in those Awards, the
claim will he denied.
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 1st day of October 1963.