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 (Chesapeake District) that:
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 with this Signal Maintainer as Signal Helper.
Signal Maintainer Kennard is assigned to, in charge of, and responsible for the proper maintenance of all signal facilities on the CS Cabin signal maintenance territory. Signal Helper Vergue in his position as Signal Helper is required to assist Signal Maintainer Kennard in the performance of the signal maintenance duties on the CS Cabin territory.
On December 12, 1957, at 2:30 A. M., the Carrier called a Section Foreman on account of an electric switch failure on No. 13 crossover at CS interlocking plant, CS Cabin Ky. The Section Foreman answered the call and upon arriving at CS Cabin checked electric crossover switch 13 and cleaned snow and ice from the switch point, after which the electric switch operated properly and locked.
a scope rule every item which the employes of that group might perform incidentally. A good illustration is telephoning. Nowhere in the scope rule for signal employes is there anything covering in specific manner the use of the telephone, but everyone knows the signalman uses the phone in connection with his work as something incidental to his primary duties. Snow cleaning by signal employes stands in the same general relationship.
The Carrier has shown that neither the rules of the two agreements involved nor the awards in antecedent cases furnish any proper basis for the claim in this case, and the claim should be denied in its entirety.
All data contained in this submission have been discussed in conference or by correspondence with the Employe representatives.
OPINION OF BOARD: The evidence supports the contention of the Petitioner that electric switch No. 13 failed to lock in the normal position, and that as a result a track foreman and one laborer were called out. After these employes cleaned snow and ice out of the switch points, the switch operated normally.
We find that the work involved was incidental to the proper operation of the interlocking and as such belongs to employes covered by the Signalmen's Agreement. Award 4593.
FINDINGS: The Third Division of the Adjustment Board, 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