Award No. 13148
Docket No. SG-13555
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
(Supplemental)
John J. McGovern, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILROAD SIGNALMEN
SOUTHERN PACIFIC COMPANY
(Pacific Lines)
STATEMENT OF CLAIM:
Claim of the General Committee of the
Brotherhood of Railroad Signalmen on the Southern Pacific Company that:
(a) The Southern Pacific Company violated the current Signalmen's
Agreement effective
April 1, 1947 (reprinted April 1, 1958 including revisions) particularly the Scope Rule, Rules 15 and 70.
(b) Mr. E. E. Whitney and C. M. Johnson be paid three (3)
hours at their overtime rate of pay for June 29, 1961, account of
employes not covered by the Signalmen's Agreement used to flag
crossing 381.5 at Mojave, California, account of crossing protection
damaged. [Carrier's File: SIG 152-1037
EMPLOYES' STATEMENT OF FACTS: This dispute is a result of the
Carrier's action of assigning track forces instead of signal forces to flag
a highway grade crossing during the time that automatic crossing protection
devices that had been installed and maintained by signal forces were out of
order and being repaired. The basic issue is whether or not signal forces
have a contractual right to provide flag protection at a highway crossing after
they had installed automatic highway crossing protection devices and during
such periods of time that such devices are temporarily out of service or
being repaired by signal forces. The same issue is involved in this division's
Docket SG-12719.
The person providing flag protection under conditions similar to those
involved herein not only protects the trains and highway vehicular traffiche also provides protection for the signal employes while they are making
the necessary repairs to the crossing protection devices.
The dispute involved in Docket SG-12719 is the forerunner of a group
of similar claims. It was our opinion that, in order to avoid further burdening
this tribunal, claims subsequent to that involved in SG-12719 should have been
held in abeyance and disposed of on the same basis this Board eventually
disposes of SG-12719, but the Carrier would not agree with the General
Chairman's suggestion in this respect.
[7131
13148-9
'(21
CONCLUSION
Carrier requests that this claim be denied.
(Exhibits not reproduced.)
OPINION OF BOARD:
We find that this claim involves the same
parties and question as that involved in Award No. 13143. Following our
decision in that case, this claim will be denied.
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. Sehulty
Executive Secretary
Dated at Chicago, Illinois, this 11th day of December 1964.