NATIONAL RAILROAD ADJUSTMENT BOARD
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
CLINCHFIELD RAILROAD COMPANY
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Clinchfield Railroad that:
(a) The Carrier violated the current Signalmen's Agreement,
as amended, particularly Rules 4, 5, and 8, when, on February 12,
13, 17, 18, 19, and 20, 1959, maintenance employes (Leading SC&E
Maintainer Stewart Adkins, SC&E Maintainers J. R. Wiggs and Russell Whitson, and SC&E Helper J. C. Edwards) performed work
(installation of hot box detector at Fort Blackmore, Virginia) which
was not part of their assignment in accordance with their bulletin
assignments, and which
deprived SC&E gang employes of work they
should have done.
(b) The Carrier now
compensate the following employes of
Gang No. 10 for the amount of time shown at their respective present
rates of pay:
Leading SC&E Man W. R. Patton, Jr., eight (8) hours
for each day, February 12, 13, 17, 18, 19, and 20, 1959, for
time worked by Mr. Stewart Adkins.
SC&E Man J. L. Siff erd, eight (8) hours for each day,
February 12, 13, 17, 18, 19, and 20, 1959, for time worked by
Mr. J. R. Wiggs.
SC&E Man H. B. Sykes, eight (8) hours for each day,
February 12, 13, 17, 18, and 19, 1959, for time worked by Mr.
Russell Whitson.
SC&E Helper Ray Hughes, eight (8) hours for each day,
February 12, 13, 17, 18, and 19, 1959, for time worked by
Mr. J. C. Edwards.
EMPLOYES' STATEMENT OF FACTS:
From February 2 through 6,
1959, the Carrier required several employes of Signal Gang No. 10 to work
at Fort Blackmore, Virginia, on the installation of a hot box detector. While
doing this construction work, these gang employes were held away from the
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OPINION OF BOARD:
The claim made here is in essential respects of
the same type made by the same Petitioning Organization against the same
Carrier for the same employes (members of SC&E Gang No. 10) in a previous
case involving other installations. That case was submitted to us under Docket
No. SG-11926 and was decided by us in our Award No. 13021, by denial of
Petitioner's claim.
For the same basic reasons stated therein, we must deny also the instant
claim.
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 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 29th day of October 1964.