NATIONAL RAILROAD ADJUSTMENT BOARD
Francis M. Reagan, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
WABASH RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Wabash Railroad Company that:
(a) The Carrier violated the current Signalmen's Agreement,
as amended, particularly the Scope, when it assigned and/or permitted
employes who hold no seniority or other rights under the Signalmen's Agreement to perform signal work, as follows:
July 23, 1958: Digging hole for crossing gate foundation
at Washington Street, Delphi, Indiana.
July 30, 1958: Digging
hole
for crossing gate foundation
at Main Street, Delphi, Indiana, and mov
ing gate.
August 12, 1958: Digging hole for crossing gate foundation,
and digging signal cable trench, at Franklin Street, Delphi, Indiana.
August 12, 1958: Picking up signal scrap.
August 13, 1958: Removing interlocking bed and levers
from tower at Delphi, Indiana.
August 13, 1958: Digging hole for crossing gate foundation
... at Franklin Street, Delphi, Indiana.
August 14, 1598: Removing signal air pipe and controls
panel at Franklin Street, Delphi, Indiana.
August 15, 1958: Removing compressor and air pipe from
Franklin Street, Delphi, Indiana.
(b) The Carrier should now compensate Signal Helpers R. W.
Morse and W. E. Blackwell because of the above-cited violations, as
follows:
[9001
12187-2
901
July 23, 1958: 8 hours straight time,
IVs hours pro rata.
July 30, 1958: 8 hours straight time, 1'/3 hours pro rata.
August 12, 1958: 16 hours straight time, 2?'s hours pro rata.
August 12, 1958: 24 hours straight time, 4 hours pro rata.
August 13, 1958: 32 hours straight time, 5%s hours pro rata.
August 13, 1958: 8 hours straight time, ls/a hours pro rata.
August 14, 1958: 8 hours straight time, 1% hours pro rata.
August 12, 1958: 4 hours straight time.
[Carrier's File: 116.5]
EMPLOYES' STATEMENT OF
FACTS: On various dates during July
and August, 1958, the Carrier required and/or permitted employes who hold
no seniority or other rights under the Signalmen's Agreement to perform
work in connection with signals and signal material, as listed in paragraph (a)
of our Statement of Claim.
On each of the dates involved Signal Helpers W. E. Blackwell and R. W.
Morse submitted Daily Time Slips (Form 120) for the amounts of time shown
in paragraph (b) of our Statement of Claim. On the reverse side of each Form
120 was a description of the work performed by the employes not covered by
the Signalmen's Agreement.
Under date of October 20, 1958, Mr. L. B. Yarbrough, Superintendent Signals and Communications, wrote the following letters of denial to
Signal
Helper Morse:
"With reference to time slip dated July 23, 1958, submitted by you
and claiming 8 hours straight time and lr/s hours pro-rata time account Wabash crane digging gate foundation hole at Washington
Street, Delphi, Indiana.
By your own choice you was off duty and entitled to no pay for
July 23, 1958, and there is no basis for this claim of time under the
Agreement; therefore, your claim is declined."
"With reference to time slips submitted by you covering various
time claims as follows:
Time slip for July 30, 1958, claiming 8 hours straight time and
ls/a hours pro-rata time account crane dug hole at Main St., Delphi,
Ind., for foundation and move gate.
Time slips for August 12, 1958, claiming 16 hours straight time
and 2% hours pro-rata time account Wabash crane dug gate foundation hole and signal cable trench at Franklin St., Delphi, Indiana.
Time slips for August 12, 1958, claiming 24 hours straight time
and 4 hours pro-rata time account work done by Extra gang picking
up signal scrap.
12187-29
928
OPINION OF BOARD: Contention in this matter arose out of use of a
crane for hole digging and use of personnel other than signalmen for picking
up of scrap.
Claim was made this violated Signalmen's Agreement as amended, with
Carrier effective September 1, 1944, particularly the Scope Rule.
A careful review of the record discloses the following:
1. The claim of July 23, 1958, was not handled at the property within
the 60 day time limited therefor and must be denied in accordance with
Article V, Section 1 (b) of the August 21, 1954 National Agreement.
2. The claims August 12, 1958 (Second Entry), August 13, 1958 (First
Entry), August 14, 1958, and August 15, 1958, involved primarily picking up
of scrap by personnel other than signalmen though it is noted as to the
August 13, 1958 (First Entry) claim "all re-useable items of signal material were removed from the tower by signal forces." The removal of scrap
is not specifically listed within the Scope Rule of the basic agreement of
September 1, 1944. Consistent and uniform with past decisions of this Board,
the Carrier is free to assign to others work not specifically listed in the
Scope Rule.
3. The claims of July 30, 1958, August 12, 1958 (First Entry) and August
13, 1958 (Last Entry) involved use of a crane for hole digging operated by
Maintenance of Way personnel. Evidence disclosed signalmen standing by
and not qualified to operate the crane. This practice did not violate the Scope
Rule.
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 Agreement has not been violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 7th day of February 1964.